Mipawa v. R., Crim. App. 774-M-70; 25/11/70; Kisanga, Ag. J.

 Mipawa v. R., Crim. App. 774-M-70; 25/11/70; Kisanga, Ag. J.

The appellant was convicted of stealing a book and was sentenced to nine months imprisonment. He applied for bail pending the hearing of his appeal.

Held: (1) “The principle as laid down in the case of Ragbir Sing Lamba v. R. (1958) E. A. 337 is that bail pending appeal should be granted only if there are exceptional circumstances or if there is an overwhelming probability of the appeal succeeding.” (2) ‘I had an opportunity of perusing the whole record of the proceedings and the memorandum of appeal, and I was of the opinion that it could not be said that there was an overwhelming probability of the appeal succeeding.” (3) “In an attempt to establish exceptional circumstances it was contended that the applicant is only 21 years old so that a person of such tender age should not be brought in contact with hardened criminals in jail because these can have bad influence on him. I think this could not constitute a special circumstance. The applicant is not a juvenile. He qualified to prison and the trial a magistrate sent him to prison even though he had discretion to impose some other punishment such a fine. It was contended that the applicant is a first offender and that there was no likelihood of his absconding, but in the case of

            Lamba cited above, it was held that the previous good character of the applicant would not alone constitute a ground for granting bail pending appeal, and in the case of R. v. A. B. 1 T. L. R. 118 it was held that it would not be sufficient to show that the applicant would have no chance of running away. Lustily it was contended that the applicant who was employed as a clerk has a lot of cash and accounts to hand over to his employer or successor in office, and this would need a good deal of time. To my mind this cannot constitute a special circumstance.” (4) Application refused.