Kwagala Gonza v Uganda (Criminal Application No. 89 of 2017) [2018] UGCA 15 (16 May 2018)

Flynote

Criminal law

Case summary

The court observed the principles governing bail pending appeal are different as the applicant is no longer under the presumption of innocence and they include; that the applicant is a first time offender; that the offence did not involve personal violence; character; that the appeal is not frivolous; that it would take substantial time to determine the appeal and that the applicant had complied with bail conditions before conviction. The court was persuaded by the fact that the applicant had served a substantial part of his sentence and granted bail on conditions. The court set conditions that the applicant had to execute a cash bond and sureties a non-cash bond and reporting monthly to the registrar of the court. Accused was released on bail.

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