[2019] UGCA 2086

[2019] UGCA 2086

The court found that the applicant is a first offender and that there is an arguable ground of appeal regarding the identification of the perpetrator, which gives the appeal a possibility of success. The applicant's chronic medical condition, as evidenced by a medical report from the prison medical superintendent,...

Source-derived case information.

Citation
[2019] UGCA 2086
Parties
Applicant: Chelongoi Simon; Respondent: Uganda
Court
Court of Appeal of Uganda
Jurisdiction
Uganda
Judgment Date
9 April 2019
Case Number
Criminal Application No. 53 of 2018
Procedural Posture
Bail Application / Ruling on Bail Pending Appeal
Outcome
application granted
Legal Topics
Bail Pending Appeal, Exceptional Circumstances, Aggravated Defilement, Medical Grounds, Sureties, Right to Bail
Source Language
english
Criminal Law Civil Procedure Bail Pending Appeal Exceptional Circumstances Aggravated Defilement Medical Grounds Sureties Right to Bail

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Parties

Chelongoi Simon

Applicant

Uganda

Respondent

Procedural Posture

Bail Application / Ruling on Bail Pending Appeal

Legal Issues

  1. 1 Whether the applicant is entitled to bail pending appeal.
  2. 2 Whether the applicant has demonstrated exceptional or unusual circumstances to justify grant of bail.
  3. 3 Whether the applicant's medical condition constitutes an exceptional circumstance under the law.

Ratio Decidendi

The court found that the applicant is a first offender and that there is an arguable ground of appeal regarding the identification of the perpetrator, which gives the appeal a possibility of success. The applicant's chronic medical condition, as evidenced by a medical report from the prison medical superintendent, constitutes an exceptional circumstance under section 15(3) of the Trial on Indictments Act. The applicant has a fixed place of abode and presented substantial sureties. The court was satisfied that the applicant met the conditions for bail pending appeal as set out in Arvind Patel v Uganda. Accordingly, the application for bail pending appeal was granted subject to specified...

Court Disposition

application granted

Orders

  • The applicant is released on bail pending determination of his appeal.
  • The applicant shall pay a cash bail of UGX 5,000,000 into court.