[2016] UGHCCRD 10

[2016] UGHCCRD 10

The court found that the applicants had complied with bail conditions during trial, that there was likely to be a substantial delay in the disposal of their appeal, and that the sureties presented were substantial except for one who was unsuitable due to advanced age. The court acknowledged the risk of absconding...

Source-derived case information.

Citation
[2016] UGHCCRD 10
Parties
Applicant: Abima Ceasar; Applicant: Angutoko Augustino; Applicant: Adrapi Luciano; Respondent: Uganda
Court
HC: Criminal Division (Uganda)
Jurisdiction
Uganda
Judgment Date
14 July 2016
Case Number
Criminal Application No. 0013 of 2016
Procedural Posture
Criminal Application / Bail Pending Appeal
Outcome
application_allowed
Judges
Stephen Mubiru, J
Legal Topics
Bail Pending Appeal, Arson Conviction, Presumption of Innocence Post Conviction, Surety Requirements, Appeal Delay
Source Language
english
Criminal Law Bail Pending Appeal Arson Conviction Presumption of Innocence Post Conviction Surety Requirements Appeal Delay

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Parties

Abima Ceasar

Applicant

Angutoko Augustino

Applicant

Adrapi Luciano

Applicant

Uganda

Respondent

Procedural Posture

Criminal Application / Bail Pending Appeal

Legal Issues

  1. 1 Whether the applicants should be granted bail pending appeal after conviction for arson.
  2. 2 Whether the applicants have satisfied the criteria for bail pending appeal, including compliance with previous bail conditions and likelihood of appeal delay.
  3. 3 Whether the sureties presented are substantial and suitable.

Ratio Decidendi

The court found that the applicants had complied with bail conditions during trial, that there was likely to be a substantial delay in the disposal of their appeal, and that the sureties presented were substantial except for one who was unsuitable due to advanced age. The court acknowledged the risk of absconding due to the seven-year sentence but was persuaded by the applicants' prompt appeal, indicating belief in their innocence. The court held that the propensity to escape could be mitigated by imposing more stringent bail terms than those previously applied. Consequently, the application for bail pending appeal was granted subject to specific conditions.

Court Disposition

application_allowed

Orders

  • Each applicant to execute and pay a cash bond of Shs. 500,000.
  • Each surety to execute a non-cash bond of Shs. 5,000,000.