[2017] UGCA 36

[2017] UGCA 36

The court found that while the applicant did not plead or prove exceptional circumstances, proof of such is not mandatory for bail pending appeal. The applicant demonstrated a fixed place of abode, substantial sureties, and a history of compliance with bail conditions during trial. The court was satisfied that the applicant is unlikely to abscond, especially given her age, the time already spent in custody, and her willingness to abide by bail conditions. The appeal raised issues meriting consideration, and anticipated delay in hearing the appeal further justified the grant of bail. The court exercised its discretion to grant bail, imposing strict conditions to ensure the applicant's...

Citation
[2017] UGCA 36
Parties
Applicant: Nahabwe Jackline; Respondent: Uganda
Court
Court of Appeal of Uganda
Jurisdiction
Uganda
Judgment Date
17 October 2017
Case Number
Criminal Appl. No. 46 of 2017
Procedural Posture
Criminal Application / Ruling on Bail Pending Appeal
Outcome
application granted
Legal Topics
Bail Pending Appeal, Exceptional Circumstances, Sureties, Concurrent and Consecutive Sentences, Compensation Orders
Source Language
English
Criminal Law Civil Procedure Bail Pending Appeal Exceptional Circumstances Sureties Concurrent and Consecutive Sentences Compensation Orders

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Parties

Nahabwe Jackline

Applicant

Uganda

Respondent

Procedural Posture

Criminal Application / Ruling on Bail Pending Appeal

Legal Issues

  1. 1 Whether the applicant should be granted bail pending the hearing and determination of her criminal appeal.
  2. 2 Whether the applicant has demonstrated exceptional or sufficient circumstances to justify release on bail pending appeal.
  3. 3 Whether the applicant is likely to abscond if released on bail pending appeal.

Ratio Decidendi

The court found that while the applicant did not plead or prove exceptional circumstances, proof of such is not mandatory for bail pending appeal. The applicant demonstrated a fixed place of abode, substantial sureties, and a history of compliance with bail conditions during trial. The court was satisfied that the applicant is unlikely to abscond, especially given her age, the time already spent in custody, and her willingness to abide by bail conditions. The appeal raised issues meriting consideration, and anticipated delay in hearing the appeal further justified the grant of bail. The court exercised its discretion to grant bail, imposing strict conditions to ensure the applicant's...

Court Disposition

application granted

Orders

  • The applicant shall deposit Uganda Shillings Five Million (5,000,000) cash with the court.
  • The applicant shall not leave the jurisdiction of the court without leave of court.