[2023] UGSC 13

[2023] UGSC 13

The Supreme Court held that bail pending appeal is only available during the pendency of the appeal, i.e., before the appeal is determined. In this case, the appeal had already been heard and was merely awaiting judgment, thus the application was for bail pending judgment, not bail pending appeal. The court found no legal basis or precedent for granting bail in these circumstances. The applicant's grounds of advanced age, grave illness, and alleged substantial delay were either previously considered and rejected or found to be speculative, as the delay was due to the demise of a justice and judgment was imminent. The court emphasized that granting bail at this stage would set an...

Citation
[2023] UGSC 13
Parties
Applicant: Mellan Marere; Respondent: Uganda
Court
Supreme Court of Uganda
Jurisdiction
Uganda
Judgment Date
5 May 2023
Procedural Posture
Criminal Application / Application for Bail Pending Appeal; Post Conviction, Pre Judgment
Outcome
application dismissed
Judges
Mike Chibita, JSC
Legal Topics
Bail Pending Appeal, Exceptional Circumstances, Judicial Discretion, Delay in Judgment, Conviction and Sentence
Source Language
English
Criminal Law Civil Procedure Bail Pending Appeal Exceptional Circumstances Judicial Discretion Delay in Judgment Conviction and Sentence

Case Brief

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Parties

Mellan Marere

Applicant

Uganda

Respondent

Procedural Posture

Criminal Application / Application for Bail Pending Appeal; Post Conviction, Pre Judgment

Legal Issues

  1. 1 Whether the applicant is entitled to bail pending determination of her appeal.
  2. 2 Whether substantial delay in the delivery of judgment justifies grant of bail.
  3. 3 Whether the applicant's health and advanced age constitute exceptional circumstances warranting bail.

Ratio Decidendi

The Supreme Court held that bail pending appeal is only available during the pendency of the appeal, i.e., before the appeal is determined. In this case, the appeal had already been heard and was merely awaiting judgment, thus the application was for bail pending judgment, not bail pending appeal. The court found no legal basis or precedent for granting bail in these circumstances. The applicant's grounds of advanced age, grave illness, and alleged substantial delay were either previously considered and rejected or found to be speculative, as the delay was due to the demise of a justice and judgment was imminent. The court emphasized that granting bail at this stage would set an...

Court Disposition

application dismissed

Orders

  • The application for bail pending appeal is dismissed.