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22 Jan 2020

Criminal Law [2020] UGCA 34

Obina Bosco & 2 Ors v Uganda

Obina Bosco & 2 Ors v Uganda (Criminal Application No. 211 of 2019) [2020] UGCA 34 (22 January 2020)

Court: Court of Appeal of Uganda
Case number: Criminal Application No. 211 of 2019
Judge: Barishaki, JA

The court found that the applicants are first offenders with no prior convictions, have fixed places of abode within the jurisdiction, and presented substantial sureties with proper identification. The 2nd and 3rd applicants' advanced age qualifies as an exceptional circumstance under Section 15(3) of the Trial on Indictments Act. There is a possibility of substantial delay in hearing the appeal due to the unavailability of the lower court record, which could render the appeal nugatory if the applicants serve a substantial part of their sentence before determination. The court exercised its d…

Source excerpt

Bail Pending Appeal
Conviction And Sentence
Advanced Age Exception
Surety Requirements
Delay In Appeal Hearing

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9 Apr 2019

Criminal Law [2019] UGCA 30

Nkojo v Uganda (Miscellenous Application No. 197 of 2018)

Nkojo v Uganda (Miscellenous Application No. 197 of 2018) [2019] UGCA 30 (9 April 2019)

Court: Court of Appeal of Uganda
Case number: Miscellenous Application No. 197 of 2018

The court found that while the applicant is of advanced age and a first offender, there was insufficient evidence to demonstrate that his health condition (HIV/AIDS) could not be managed in custody. The offence for which the applicant was convicted involved personal violence (murder and attempted murder), which weighs heavily against granting bail pending appeal. The applicant failed to prove exceptional circumstances justifying release, and the appeal was not shown to have a reasonable possibility of success. The court exercised its discretion to deny bail, emphasizing the need to protect th…