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20 Aug 2009

Criminal Law [2009] UGCA 33

Frank Iga v Uganda

Frank Iga v Uganda (Miscellaneous Application No. 099 of 2009) [2009] UGCA 33 (20 August 2009)

Court: Court of Appeal of Uganda
Case number: Miscellaneous Application No. 099 of 2009

The court found that the appeal was not frivolous and had a reasonable possibility of success, as the applicant had genuine grievances regarding the treatment of his plea, the passing of an omnibus sentence, forfeiture of property without being heard, and consideration of a previous 'conviction' by URA. The court also found a strong possibility of substantial delay in the determination of the appeal, given the backlog in the Court of Appeal and the short remaining sentence. The applicant was deemed a stable person with ascertainable addresses and sound sureties, and the risk of absconding was…

Source excerpt

Bail Pending Appeal
Summary Dismissal Of Appeal
Forfeiture Of Property
Plea Of Guilty
Technical Dismissal
Appeal Rights

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1 Jan 1950

Criminal Law [1950] EACA 583

Katabaro v Reginam

Katabaro v Reginam (Criminal Appeal No. 206 of 1956) [1950] EACA 583 (1 January 1950)

Court: East African Court of Appeal
Case number: Criminal Appeal No. 206 of 1956
Judge: Briggs (Acting Vice-President), Connell J, Worley, P

The High Court erred in summarily dismissing the appeal under section 317(1)(b) of the Criminal Procedure Code, as the grounds raised involved questions of proper conduct of trial and not merely the weight of evidence. The summary rejection power is strictly limited and does not extend to cases where procedural irregularities or misdirection are alleged. Furthermore, the practice of enhancing sentences by revisional order after notice of appeal but before determination of the appeal is undesirable and prejudicial, as it may disqualify the revising judge from hearing the appeal and create proc…