[2018] UGCA 31

[2018] UGCA 31

The court found that while the applicant is of advanced age and suffers from several illnesses, the medical reports did not certify that her condition could not be managed in prison as required by Section 15(3)(a) of the Trial on Indictment Act. The applicant complied with bail terms during trial and has no pending charges, but the presumption of innocence no longer applies after conviction. The appeal raises arguable points regarding the application of common intention and the lack of evidence of physical participation, but the court was not satisfied that there is an overwhelming probability of success or that the applicant would be completely discharged if the appeal succeeded. The...

Citation
[2018] UGCA 31
Parties
Applicant: Mellan Mareere; Respondent: Uganda
Court
Court of Appeal of Uganda
Jurisdiction
Uganda
Judgment Date
25 May 2018
Case Number
Miscellaneous Application No. 52 of 2017
Procedural Posture
Miscellaneous Application / Ruling on Bail Pending Appeal
Outcome
application dismissed
Judges
Madrama, JA
Legal Topics
Bail Pending Appeal, Exceptional Circumstances, Common Intention, Medical Grounds for Bail, Presumption of Innocence
Source Language
English
Criminal Law Civil Procedure Bail Pending Appeal Exceptional Circumstances Common Intention Medical Grounds for Bail Presumption of Innocence

Case Brief

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Parties

Mellan Mareere

Applicant

Uganda

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Bail Pending Appeal

Legal Issues

  1. 1 Whether the applicant should be granted bail pending determination of her criminal appeal.
  2. 2 Whether the applicant's advanced age and medical condition constitute exceptional circumstances justifying bail.
  3. 3 Whether the applicant's appeal has overwhelming chances of success.

Ratio Decidendi

The court found that while the applicant is of advanced age and suffers from several illnesses, the medical reports did not certify that her condition could not be managed in prison as required by Section 15(3)(a) of the Trial on Indictment Act. The applicant complied with bail terms during trial and has no pending charges, but the presumption of innocence no longer applies after conviction. The appeal raises arguable points regarding the application of common intention and the lack of evidence of physical participation, but the court was not satisfied that there is an overwhelming probability of success or that the applicant would be completely discharged if the appeal succeeded. The...

Court Disposition

application dismissed

Orders

  • The application for bail pending appeal is disallowed.
  • The hearing of the appeal should be expedited.