[2018] UGSC 74

[2018] UGSC 74

The court found that although there had been regrettable delay in the appeal process, the applicant was convicted of an offence involving personal violence and is serving a life sentence. The risk of absconding is heightened due to the severity of the sentence. The applicant's character and prison conduct were not...

Source-derived case information.

Citation
[2018] UGSC 74
Parties
Applicant: Kato Kajubi Godfrey; Respondent: Uganda
Court
Supreme Court of Uganda
Jurisdiction
Uganda
Judgment Date
17 April 2018
Case Number
Miscellaneous Criminal Application 2 of 2016
Procedural Posture
Miscellaneous Criminal Application / Application for Bail Pending Appeal
Outcome
application dismissed
Judges
Mugamba, JSC
Legal Topics
Bail Pending Appeal, Conviction Upheld, Personal Violence Offence, Delay in Appeal Hearing, Presumption of Innocence, Risk of Absconding
Source Language
english
Criminal Law Bail Pending Appeal Conviction Upheld Personal Violence Offence Delay in Appeal Hearing Presumption of Innocence Risk of Absconding

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Parties

Kato Kajubi Godfrey

Applicant

Uganda

Respondent

Procedural Posture

Miscellaneous Criminal Application / Application for Bail Pending Appeal

Legal Issues

  1. 1 Whether the applicant should be granted bail pending appeal.
  2. 2 Whether substantial delay in hearing the appeal justifies bail.
  3. 3 Whether the applicant's character and compliance with previous bail conditions support the application.

Ratio Decidendi

The court found that although there had been regrettable delay in the appeal process, the applicant was convicted of an offence involving personal violence and is serving a life sentence. The risk of absconding is heightened due to the severity of the sentence. The applicant's character and prison conduct were not contested, but the gravity of the conviction and attendant sentence outweighed other considerations. The court was not persuaded that the appeal would not be heard in the near future and found no compelling reason to grant bail pending appeal. The application was therefore dismissed.

Court Disposition

application dismissed

Orders

  • The application for bail pending appeal is dismissed.