[2023] UGSC 24

[2023] UGSC 24

The Supreme Court found that the application for bail was not for bail pending appeal, but rather for bail pending judgment, as the main appeal had already been heard and was awaiting judgment. The law and precedent do not support granting bail in such circumstances. The applicant failed to demonstrate exceptional circumstances beyond those previously considered, and the alleged substantial delay was speculative and unsupported by evidence. The court emphasized that granting bail at this stage would set an undesirable precedent, especially since judgment was imminent. Therefore, the application was dismissed as premature and unsupported by law.

Citation
[2023] UGSC 24
Parties
Applicant: Mellan Marere; Respondent: Uganda
Court
Supreme Court of Uganda
Jurisdiction
Uganda
Judgment Date
5 May 2023
Procedural Posture
Criminal Application / Ruling on Bail Pending Appeal
Outcome
application dismissed
Judges
Mike Chibita, JSC
Legal Topics
Bail Pending Appeal, Exceptional Circumstances, Delay in Judgment, Health Conditions of Convict
Source Language
English
Criminal Law Bail Pending Appeal Exceptional Circumstances Delay in Judgment Health Conditions of Convict

Case Brief

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Parties

Mellan Marere

Applicant

Uganda

Respondent

Procedural Posture

Criminal Application / Ruling on Bail Pending Appeal

Legal Issues

  1. 1 Whether the applicant is entitled to bail pending determination of her appeal.
  2. 2 Whether the application for bail pending judgment is supported by law and precedent.
  3. 3 Whether exceptional circumstances exist to justify release on bail.

Ratio Decidendi

The Supreme Court found that the application for bail was not for bail pending appeal, but rather for bail pending judgment, as the main appeal had already been heard and was awaiting judgment. The law and precedent do not support granting bail in such circumstances. The applicant failed to demonstrate exceptional circumstances beyond those previously considered, and the alleged substantial delay was speculative and unsupported by evidence. The court emphasized that granting bail at this stage would set an undesirable precedent, especially since judgment was imminent. Therefore, the application was dismissed as premature and unsupported by law.

Court Disposition

application dismissed

Orders

  • The application for bail pending appeal is dismissed.