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1 Dec 2023

Criminal Law [2023] UGHC 274

Busobozi v Uganda

Busobozi v Uganda (Criminal Miscellaneous Application 47 of 2023) [2023] UGHC 274 (1 December 2023)

Court: High Court of Uganda
Case number: Criminal Miscellaneous Application 47 of 2023
Judge: Mugabo, J

The applicant, a minor charged with aggravated defilement, is entitled to bail under the Constitution and the Children Act. The court found no evidence that releasing the applicant would pose a serious danger to him or defeat the ends of justice. Social Inquiry and school reports confirmed the applicant's good behavior, lack of prior disciplinary issues, and supportive family environment. The sureties presented—his biological parents—are substantial and capable of ensuring his appearance in court. The deprivation of personal liberty pending trial should be a measure of last resort for childre…

Source excerpt

Bail For Juveniles
Aggravated Defilement
Presumption Of Innocence
Role Of Sureties
Child Rights In Criminal Process

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6 Nov 2023

Criminal Law [2023] UGHC 87

Namujumbi alias Hanifa v Uganda

Namujumbi alias Hanifa v Uganda (Criminal Miscellaneous Application 98 of 2022) [2023] UGHC 87 (6 November 2023)

Court: High Court of Uganda
Case number: Criminal Miscellaneous Application 98 of 2022
Judge: Nakachwa, J

The Applicant has been in custody for over 15 months without trial, exceeding the constitutional threshold for mandatory consideration of bail under Article 23(6)(c). The Applicant has a fixed place of abode within the court's jurisdiction and presented three substantial sureties capable of ensuring her compliance with bail conditions. The Respondent's objections regarding lack of property documentation and risk of absconding are outweighed by the Applicant's demonstrated ties to the community and absence of prior criminal record. The Applicant's commitment to the High Court for trial negates…