Waswa Weraga v Uganda (Criminal Miscellaneous Application No. 9 of 2019)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The single Justice dismissed an application for bail pending appeal. Bail pending appeal may be granted only on proof of exceptional circumstances under 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 failed to prove any of these: the health report did not show the prison was incapable of adequate treatment; no DPP certificate was raised; and at 51 years he was not of advanced age, the Court adopting the view that advanced age begins at 60 years given increased life expectancy in Uganda. The application was found to have no merit.
Outcome
Application for bail pending appeal dismissed; applicant remains in custody
Facts
The applicant was convicted by the Chief Magistrate's Court at Buganda Road on counts 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 in November 2018. He filed a further appeal to the Court of Appeal and applied for bail pending that appeal, asserting that his appeal had high chances of success, that he had complied with bail in the lower courts, that he was of advanced age at 51 years, that he suffered serious ailments, and that he had a fixed place of abode. He relied on a health status report from Murchison Bay Hospital. The respondent opposed the application, contending the appeal lacked merit, the applicant risked absconding having lost the presumption of innocence, his place of abode was not proved, and his illness was not life-threatening or unmanageable in prison.
Issues
- Whether the applicant proved exceptional circumstances entitling him to bail pending appeal under section 15(3) of the Trial on Indictments Act.
- Whether the applicant's age of 51 years constitutes advanced age for the purposes of bail pending appeal.
Orders
- Application 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)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.