Wakilii

Walusimbi Mansur V Uganda (Crim. Misc. Application No. 09 of 2019)

High Court · [2019] UGHC 2 · 2019 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for bail pending appeal from a conviction of 22 months
Decision
Applicant released on bail pending appeal subject to conditions

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court granted bail pending appeal to a convict sentenced to 22 months. The court exercised its discretion having found that the applicant satisfied most conditions for bail, including being a first offender, having committed a non-violent offence, and providing four sureties. The court held that despite the conviction, the presumption of innocence prevails until final appeal, justifying temporary release on bail.

Outcome

Applicant released on bail pending appeal subject to conditions

Facts

The applicant, Walusimbi Mansur, was convicted and sentenced to 22 months imprisonment. He appealed the conviction and filed this application for bail pending appeal. He presented four sureties in support of his application, including two wives. He resides at Water Supply Ward, Busoigo Zone North Division, Kamuli Municipality, Kamuli District. The State opposed the application, arguing it was purely discretionary and that the sureties were of different addresses, making it difficult to ensure the applicant's attendance. The State contended that if bail were granted, it should be on stringent terms.

Issues

  1. Whether the applicant should be granted bail pending appeal.

Orders

  • Application for bail pending appeal allowed.
  • Applicant to deposit cash bail of Shs. 500,000 before release.
  • Each of the four sureties to execute non-cash bonds of Shs. 1,200,000.
  • Applicant to report to the Registrar every 15th day of the month with effect from 15th May 2019.
  • Bail shall be cancelled and applicant returned to serve sentence if any bail term is abused.

Rules and key headnotes

Criminal Law & Procedure — Bail Pending Appeal — Presumption of Innocence
The presumption of innocence prevails even after first conviction right up to the point of final appeal, providing the legal basis for bail pending appeal applications.
Criminal Law & Procedure — Bail Pending Appeal — Discretion of Court
Bail pending appeal is a strictly discretionary right of the applicant, and a convict applying for bail pending appeal cannot be treated in the same way as one applying for bail before conviction.
Criminal Law & Procedure — Bail Pending Appeal — Conditions for Grant
The primary consideration for granting bail pending appeal is whether the applicant will return to prosecute the appeal, as temporary release should not render the conviction nugatory.
Criminal Law & Procedure — Bail Pending Appeal — Sureties
The court has discretion to assess the kind of relationship and social psychological power that sureties will have upon the applicant to compel attendance at court, and there is no rule requiring sureties to reside in the same village as the applicant.

Cases cited (2)

  • Chandi Jamwa v Uganda (Criminal Appeal No. 20 of 2011)
  • Arvind Patel v Uganda (SCCA No. 1 of 2013)

Full judgment

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

Walusimbi Mansur V Uganda (Crim. Misc. Application No. 09 of 2019) [2019] UGHC 2 (13 May 2019)
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.