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Walubi v Uganda (Criminal Application No. 44 of 2013)

Court of Appeal · [2013] UGCA 8 · 2013 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for grant of bail pending appeal from High Court conviction
Decision
Bail pending appeal granted on stated terms

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Court granted bail pending appeal, holding that on an application after conviction the applicant must satisfy the requirements of section 15 of the Trial on Indictments Act together with the guidelines in Arvind Patel v Uganda, bearing a heavier burden because the presumption of innocence no longer applies. The applicant, aged 54, established exceptional circumstances through advanced age (persons of 50 and above being of advanced age in Uganda), demonstrated a fixed place of abode and substantial sureties, was a first offender whose offence involved no violence, and had previously complied with bail conditions. The Court also observed that a High Court judge has jurisdiction under section 132(4) to grant bail pending appeal to the Court of Appeal.

Outcome

Bail pending appeal granted on stated terms

Facts

The applicant was convicted by the High Court on 25 May 2012 on two counts of causing financial loss under section 20(1) of the Anti-Corruption Act and one count of conspiracy to defraud under section 309 of the Penal Code Act. He was sentenced to six years' imprisonment on each of the financial loss counts and one year for conspiracy, the sentences running concurrently. On 6 June 2012 he lodged a Notice of Appeal against both conviction and sentence, and filed a memorandum of appeal on 19 June 2012. He then applied for bail pending appeal, filed in November 2012. The applicant was 54 years old, born on 30 April 1959, married with a wife and six children, with a fixed place of abode at Budumbuli West, Bugembe Town Council, Jinja District. He was a first offender whose offence did not involve personal violence, and he had previously complied with bail conditions. The DPP's office never filed an affidavit in reply, and prior hearings had been adjourned due to the prosecution's unpreparedness.

Issues

  1. Whether the applicant established exceptional circumstances justifying grant of bail pending appeal.
  2. Whether the applicant satisfied the court that he would not abscond if released on bail pending appeal.
  3. Whether a judge of the High Court has jurisdiction to grant bail pending appeal to the Court of Appeal under section 132(4) of the Trial on Indictments Act.

Orders

  • Application allowed.
  • Applicant admitted to bail pending appeal.
  • Applicant to deposit Shs. 10,000,000 as cash bail before release.
  • Each surety to execute a non-cash bond of 20,000,000.
  • Applicant to report to Court every first Monday of each month beginning 2nd September 2013.
  • Conditions not to be varied by the Registrar.
  • Copy of the ruling to be served on the DPP.

Rules and key headnotes

Bail — Bail Pending Appeal — Discretionary Power to be Exercised Judiciously
The power of the Court of Appeal to grant bail pending appeal under section 132(4) of the Trial on Indictments Act and section 40 of the Criminal Procedure Code Act is discretionary and must be exercised sparingly, objectively and judiciously, not arbitrarily or subjectively.
Bail — Bail Pending Appeal — Applicable Conditions and Loss of Presumption of Innocence
On an application for bail pending appeal the applicant must satisfy the conditions of section 15 of the Trial on Indictments Act as the minimum, in addition to and not in the alternative to the case law guidelines; because the presumption of innocence is suspended after conviction, the applicant bears a much greater burden of proof than an accused person awaiting trial.
Bail — Exceptional Circumstances — Advanced Age
A person aged 50 years or above is by law considered to be of advanced age in Uganda, and advanced age constitutes an exceptional circumstance justifying grant of bail; not all exceptional circumstance criteria need be present, as a combination of two or more may suffice.
Bail — Bail Pending Appeal — Risk of Absconding and Length of Delay
In granting bail pending appeal the court must ensure the applicant will not abscond, considering fixed place of abode, substantial sureties, first-offender status and prior compliance with bail terms; where delay in hearing the appeal risks the applicant serving a substantial part of a sentence that may later be set aside, this favours release on bail.
Bail — Jurisdiction — Concurrent Power of High Court and Court of Appeal
Under section 132(4) of the Trial on Indictments Act a judge of the High Court, as well as the Court of Appeal, has jurisdiction to grant bail pending the hearing and determination of an appeal to the Court of Appeal, and High Court judges should freely exercise that power.

Legislation cited (12)

Cases cited (5)

  • Arvind Patel v Uganda (Criminal Application No. 1 of 2003)
  • Andrew Adimola v Uganda (Criminal Miscellaneous Application No. 9 of 1992)
  • Francis Ogwang v Uganda (Criminal Application No. 25 of 2003)
  • Vicent Nyanzi v Uganda (Criminal Application No. 7 of 2001)
  • Lt. Colonel John Kaye v Attorney General (Constitutional Application No. 25 of 2012)

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Walubi v Uganda (Criminal Application No. 44 of 2013) [2013] UGCA 8 (26 August 2013)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.