[2023] UGHCCRD 122

[2023] UGHCCRD 122

The applicant is entitled to apply for bail under Article 23(6)(a) of the Constitution and Section 14 of the Trial on Indictments Act. The requirement for exceptional circumstances was declared unconstitutional in Foundation for Human Rights Initiative Vs Attorney General Constitutional Appeal No. 03 of 2009. The applicant presented two sureties, but the second surety lacked a proper LC I introduction letter in English, rendering him unreliable. The applicant's right to liberty and presumption of innocence must be balanced against the gravity of the offence and the reliability of sureties. Bail is granted conditionally, subject to the applicant executing a cash deposit, the sureties...

Citation
[2023] UGHCCRD 122
Parties
Applicant: Samanya Hassan; Respondent: Uganda
Court
HC: Criminal Division (Uganda)
Jurisdiction
Uganda
Judgment Date
4 August 2023
Case Number
Criminal Miscellaneous Application 1 of 2023
Procedural Posture
Criminal Miscellaneous Application / Bail Application Ruling
Outcome
bail_granted_with_conditions
Judges
Bukirwa, J
Legal Topics
Bail Application, Presumption of Innocence, Exceptional Circumstances, Surety Requirements
Source Language
English
Criminal Law Bail Application Presumption of Innocence Exceptional Circumstances Surety Requirements

Case Brief

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Parties

Samanya Hassan

Applicant

Uganda

Respondent

Procedural Posture

Criminal Miscellaneous Application / Bail Application Ruling

Legal Issues

  1. 1 Whether the applicant is entitled to bail under Article 23(6) of the Constitution and Section 14 of the Trial on Indictments Act.
  2. 2 Whether the applicant has presented substantial sureties as required by law.
  3. 3 Whether exceptional circumstances are necessary for the grant of bail in this case.

Ratio Decidendi

The applicant is entitled to apply for bail under Article 23(6)(a) of the Constitution and Section 14 of the Trial on Indictments Act. The requirement for exceptional circumstances was declared unconstitutional in Foundation for Human Rights Initiative Vs Attorney General Constitutional Appeal No. 03 of 2009. The applicant presented two sureties, but the second surety lacked a proper LC I introduction letter in English, rendering him unreliable. The applicant's right to liberty and presumption of innocence must be balanced against the gravity of the offence and the reliability of sureties. Bail is granted conditionally, subject to the applicant executing a cash deposit, the sureties...

Court Disposition

bail_granted_with_conditions

Orders

  • The accused shall execute a cash bail deposit of 1,000,000 Ugandan Shillings.
  • Each of the sureties shall execute a noncash bail of 5,000,000 Ugandan Shillings.