Waswa Peter Weraga v Uganda (Criminal Miscellaneous Application No. 09 of 2019)

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

On an application for bail pending appeal, the single Justice held that such bail is granted only on proof of exceptional circumstances as defined in section 15(3) of the Trial on Indictments Act, namely grave illness certified by a prison medical officer, a certificate of no objection from the DPP, or infancy or advanced age. The applicant's health report did not show the prison was incapable of adequate treatment; no DPP certificate existed; and at 51 years he was below advanced age (regarded as 60 years). Having proved none of the three exceptional circumstances, the application was dismissed.

Outcome

Application for bail pending appeal dismissed; applicant remains in custody pending determination of his appeal

Facts

The applicant was convicted by the Chief Magistrates Court at Buganda Road of forgery of judicial documents and uttering a false document and sentenced to two years imprisonment on each count, to run consecutively. The High Court confirmed the conviction and sentence on appeal on 29 November 2018. The applicant filed a further appeal to the Court of Appeal and, pending its hearing, applied for bail. He relied on grounds including a high likelihood of success of his appeal, his prior compliance with bail in the lower courts, his advanced age of 51 years, fixed place of abode, family responsibilities, and serious ailments supported by a health status report from Murchison Bay Hospital. The State opposed the application, contending there were high chances of him absconding following confirmation of his conviction, no proof of a fixed abode, and no proof of a life-threatening ailment incapable of management in prison.

Issues

1. Whether the applicant proved exceptional circumstances under section 15(3) of the Trial on Indictments Act warranting release on bail pending appeal.
2. Whether the applicant's age of 51 years qualifies as advanced age for purposes of bail pending appeal.

Orders

• Application for bail pending appeal dismissed.

Rules and key headnotes

Legislation cited (12)

• Constitution of Uganda 1995 art.23(6)
• Constitution of Uganda 1995 art.28
• Trial on Indictments Act Cap 23 s.14
• Trial on Indictments Act Cap 23 s.15(1)(b)
• Trial on Indictments Act Cap 23 s.15(3)
• Trial on Indictments Act Cap 23 s.15(4)
• Criminal Procedure Code Act Cap 16 s.40
• Civil Procedure Act Cap 71 s.98
• Judicature Act Cap 13 s.33
• Judicature (Court of Appeal) Rules SI 13-10 r.6(2)
• Judicature (Court of Appeal) Rules SI 13-10 r.43
• Judicature (Court of Appeal) Rules SI 13-10 r.44

Cases cited (7)

• Arvind Patel v Uganda (Supreme Court Criminal Appeal No. 1 of 2005)
• Igamu Joanita v Uganda (Court of Appeal Criminal Appeal No. 17 of 2013)
• Kyeyune Mitala Julius v Uganda (Supreme Court Criminal Application No. 9 of 2016)
• Mubbale Peter v Uganda (Court of Appeal Criminal Appeal No. 290 of 2017)
• Mubbale Peter v Uganda (Criminal Miscellaneous Application No. 82 of 2017)
• John Kaye v Attorney General (Constitutional Petition No. 52 of 2012)
• Francis Ogwang v Uganda (Criminal Miscellaneous Application No. 25 of 2003)

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