[1946] EACA 72
The court held that while the general rule is not to grant bail to an appellant after conviction and sentencing, exceptional circumstances may justify departure from this rule. In this case, the appellant was a first offender, his appeal had been admitted for hearing (indicating it was not frivolous), there was a...
Source-derived case information.
- Citation
- [1946] EACA 72
- Parties
- Appellant: Akbarali Juma Kanji; Respondent: Rex
- Court
- East African Court of Appeal
- Jurisdiction
- Uganda
- Case Number
- Criminal Appeal No. 46 of 1946
- Procedural Posture
- Criminal Appeal / Appeal Against Refusal of Bail Pending Appeal
- Outcome
- appeal_allowed
- Judges
- De Lestang, Ag. J
- Legal Topics
- Bail Pending Appeal, Exceptional Circumstances, Good Character, Delay in Hearing, Co Accused Bail
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Akbarali Juma Kanji
Appellant
Rex
Respondent
Procedural Posture
Criminal Appeal / Appeal Against Refusal of Bail Pending Appeal
Legal Issues
- 1 Whether bail pending appeal should be granted to a convicted appellant in the absence of exceptional circumstances.
- 2 What constitutes 'exceptional circumstances' sufficient to justify granting bail pending appeal.
Ratio Decidendi
The court held that while the general rule is not to grant bail to an appellant after conviction and sentencing, exceptional circumstances may justify departure from this rule. In this case, the appellant was a first offender, his appeal had been admitted for hearing (indicating it was not frivolous), there was a significant delay before the appeal would be heard, and his co-accused had already been released on bail under similar circumstances. The combination of these factors constituted exceptional circumstances sufficient to warrant granting bail pending appeal.
Court Disposition
appeal_allowed
Orders
- The appellant is ordered to be released on his own bond of Sh. 1,000 plus one surety of Sh. 1,000 pending the hearing of his appeal.
Full Case Text
Judgment text and source record
18 paragraphs
## APPELLATE CRIMINAL
## Before DE LESTANG, AG. J.
## REX. Respondent
v.
## AKBARALI JUMA KANJI, Appellant (Original Accused No. 1) Criminal Appeal No. 46 of 1946
Criminal law—Practice—Bail pending appeal—Bail not granted save in exceptional circumstances.
A and B were convicted of assault occasioning actual bodily harm and sentenced to eight and four months' imprisonment with hard labour respectively. Both A and B appealed against conviction and sentence. The learned Magistrate released B on bail pending hearing of the appeal but refused A's application for bail.
$A$ appealed.
Held $(11-2-46)$ .—(1) It is not the practice to grant bail to an appellant after he has been convicted and sentenced to imprisonment save in very exceptional circumstances.
(2) In deciding whether exceptional circumstances exist the Court is entitled to take into consideration the good character of the appellant coupled with the delay in hearing the appeal, the fact that the appeal has been admitted to hearing and the fact that the co-appellant has been released on bail.
Appeal allowed. Appellant released on bail pending appeal.
Cases referred to: R. v. Starkie 24 Cr. App. R. 1; R. v. Habib Kara Vesta and others, 1 E. A. C. A. 197.
Kaplan (Mandavia with him) for the Appellant.
Lowe, Crown Counsel, for the Respondent.
JUDGMENT.—It is not the practice of this Court, following in this respect the practice both of the English Courts (vide Rex v. Starkie 24 Criminal Appeal Reports 1) and the Court of Appeal for E. A. (vide I. E. A. C. A. p. 197) to grant bail to an appellant after he has been convicted and sentenced to imprisonment unless in very exceptional circumstances. Thus the only point for consideration here is whether such exceptional circumstances exist.
The appellant's appeal is not likely to be heard before the end of March or beginning of April by which time I am informed he shall have served onefourth to one-third of his sentence. The mere fact of delay in hearing an appeal is not of itself an exceptional circumstance, but it may become an exceptional circumstance when coupled with other factors. The good character of the appellant may, for example, together with the delay in hearing the appeal constitute an exceptional circumstance. The appellant in this case is a first offender and his appeal has been admitted to hearing showing thereby that it is not frivolous. In addition to that there is the fact that his co-accused, who is in no respect in a different position from him as regards bail, has been admitted to bail.
I, therefore, consider that there are in this case exceptional circumstances which entitle this Court to depart from the usual rule of not granting bail.
I allow this appeal. The appellant is ordered to be released on his own bond of Sh. 1,000 plus one surety of Sh. 1,000 pending the hearing of his appeal.