[2017] UGCA 55

[2017] UGCA 55

The court found that the applicant had properly lodged an appeal and followed the correct procedure, thus his appeal was properly before the court. The applicant demonstrated exceptional circumstances, including serious chronic medical conditions that may be fatal if untreated in prison, and the likelihood of...

Source-derived case information.

Citation
[2017] UGCA 55
Parties
Applicant: Patrick Sentongo; Respondent: Uganda
Court
Court of Appeal of Uganda
Jurisdiction
Uganda
Judgment Date
31 October 2017
Case Number
Criminal Appeal No.0040 of 2017
Procedural Posture
Criminal Application / Application for Bail Pending Appeal
Outcome
bail granted pending appeal
Legal Topics
Bail Pending Appeal, Economic Crimes, Medical Grounds for Bail, Sureties, Appeal Procedure
Source Language
english
Criminal Law Bail Pending Appeal Economic Crimes Medical Grounds for Bail Sureties Appeal Procedure

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Parties

Patrick Sentongo

Applicant

Uganda

Respondent

Procedural Posture

Criminal Application / Application for Bail Pending Appeal

Legal Issues

  1. 1 Whether the applicant is entitled to bail pending the hearing and determination of his criminal appeal.
  2. 2 Whether the applicant has demonstrated exceptional circumstances warranting the grant of bail pending appeal.
  3. 3 Whether the applicant's medical condition justifies release on bail.

Ratio Decidendi

The court found that the applicant had properly lodged an appeal and followed the correct procedure, thus his appeal was properly before the court. The applicant demonstrated exceptional circumstances, including serious chronic medical conditions that may be fatal if untreated in prison, and the likelihood of substantial delay in the hearing of his appeal due to the court's heavy schedule. The court was satisfied that the applicant's sureties were substantial, given their previous performance and willingness to provide additional security. The offences, though economic and involving a large sum, did not preclude the grant of bail, as the legislature had not expressly prohibited bail for...

Court Disposition

bail granted pending appeal

Orders

  • The applicant shall deposit a cash bail of Shs. 10,000,000/= with the court.
  • The applicant shall deposit his passport with the court.