[1995] UGHC 14

[1995] UGHC 14

The court found that the applicant is a young boy of 16 years, still at school, and suffers from epilepsy. The state did not object to his release. These factors constitute special circumstances under section 14A of the Trial on Indictments Decree as amended. Therefore, the applicant is entitled to bail, subject to...

Source-derived case information.

Citation
[1995] UGHC 14
Parties
Applicant: Kaara Kasim; Respondent: Uganda
Court
High Court of Uganda
Jurisdiction
Uganda
Case Number
Misc. Appl. No. 19 of 1995
Procedural Posture
Miscellaneous Application / Ruling
Outcome
application granted
Legal Topics
Bail Application, Defilement Offence, Special Circumstances, Juvenile Accused
Source Language
en
Criminal Law Bail Application Defilement Offence Special Circumstances Juvenile Accused

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Parties

Kaara Kasim

Applicant

Uganda

Respondent

Procedural Posture

Miscellaneous Application / Ruling

  1. 1 Whether the applicant, charged with defilement, is entitled to bail under section 14A of the Trial on Indictments Decree as amended.
  2. 2 Whether special circumstances exist to warrant the grant of bail to the applicant.

Ratio Decidendi

The court found that the applicant is a young boy of 16 years, still at school, and suffers from epilepsy. The state did not object to his release. These factors constitute special circumstances under section 14A of the Trial on Indictments Decree as amended. Therefore, the applicant is entitled to bail, subject to conditions imposed by the court.

Court Disposition

application granted

Orders

  • The applicant is to deposit with court cash of 200,000 UGX.
  • His two sureties, Babu Hussein and Matovu, will sign a bond of 500,000 UGX each.