[1994] UGHC 85
The court held that the applicant had not demonstrated entitlement to bail as the statutory period of 480 days on remand for capital offences had not been exceeded, and no sufficient medical evidence was provided to support the claim of ill health. The requirements under the relevant statutory provisions were not...
Source-derived case information.
- Citation
- [1994] UGHC 85
- Parties
- Applicant: Lochomin Simon; Respondent: Uganda
- Court
- High Court of Uganda
- Jurisdiction
- Uganda
- Case Number
- Criminal Application 32 of 1993
- Procedural Posture
- Miscellaneous Criminal Application / Bail Application Ruling
- Outcome
- bail application dismissed
- Judges
- Lugayizi, J
- Legal Topics
- Bail, Remand Periods, Capital Offences, Medical Grounds for Bail
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lochomin Simon
Applicant
Uganda
Respondent
Procedural Posture
Miscellaneous Criminal Application / Bail Application Ruling
Legal Issues
- 1 Whether the applicant is entitled to bail having spent 480 days on remand for a capital offence.
- 2 Whether the applicant's medical condition justifies grant of bail without supporting evidence from the Medical Board or Prisons' Medical authority.
Ratio Decidendi
The court held that the applicant had not demonstrated entitlement to bail as the statutory period of 480 days on remand for capital offences had not been exceeded, and no sufficient medical evidence was provided to support the claim of ill health. The requirements under the relevant statutory provisions were not met, and thus the application for bail could not be granted at this stage.
Court Disposition
bail application dismissed
Orders
- The application for bail is denied.
Full Case Text
Judgment text and source record
12 paragraphs
## THE REPUBLIC OF UGANDA IN THE HIGH COURT OF UGANDA AT KAMPALA MISC. CRIMINAL APPL. NO. 32 OF 1993 (Original Criminal Case No. MMO/91/92 of Moroto Court).
LOCHOMIN SIMON: ...... APPLIC:NT . . . . . . . . . . . . . VERSUS
UGANDA: .. RESPONDENT BEFORE: The Honourable Ac. Justice E. S. Ingavizi RULING-
The Applicant in this case was charged with the offence of wurder on two counts. This took place on 2nd November, 1992, before the Chief Magistrata in Manato who sent him on remand thereafter.
In his application for bail on 31st January, 1994. the Applicant revealed that he was arrested on 15th October, 1992; and that so far, he had covered 480 days on remand. He further said that he was suffering from tuberculosis and got confused at least twice in a year.
$Mr.$ Elubu for the State opposed this application and said that the Applicant was not entitled to bail because he had not exhausted the Statutory period of 480 days on remand. Secondly, on sickness, the Applicant had not produced evidence from the Medical Board supporting his case as was required under S.14B of the Trial on Indictments Decree (incorporated therein by Act 5/90) or from the Prisons' Medical authority.
The aforesaid Section 148 of the Trial on Indictments Decree which lays down the time limit in capital cases where persons who have not yet been tried are on remand, provideds as follows;
$.../2...$
Read before:
Mr. Elubu for the State. The Applicant/Accused present. Mrs. Kamukama Court/Clerk.
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E. S. Lugayizi Ag. J U D G E $4/02/1994.$