[2013] UGCA 8

[2013] UGCA 8

The court found that the applicant had established exceptional circumstances, specifically advanced age (54 years) and deteriorating health, as required under Section 15 of the Trial on Indictments Act. The applicant demonstrated a fixed place of abode, family ties, and compliance with previous bail conditions, and there was no evidence of bad character or likelihood to abscond. The offence did not involve personal violence, and the applicant is a first offender. The court noted the delay in hearing the appeal and the risk of the applicant serving a substantial part of his sentence before determination of the appeal, which could result in irreparable injustice if the appeal succeeds. The...

Citation
[2013] UGCA 8
Parties
Applicant: Walubi Godfrey; Respondent: Uganda
Court
Court of Appeal of Uganda
Jurisdiction
Uganda
Judgment Date
26 August 2013
Case Number
Criminal Application No. 44 of 2013
Procedural Posture
Criminal Application / Bail Pending Appeal
Outcome
application allowed
Legal Topics
Bail Pending Appeal, Exceptional Circumstances, Right to Liberty, Judicial Discretion
Source Language
English
Criminal Law Bail Pending Appeal Exceptional Circumstances Right to Liberty Judicial Discretion

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Parties

Walubi Godfrey

Applicant

Uganda

Respondent

Procedural Posture

Criminal Application / Bail Pending Appeal

Legal Issues

  1. 1 Whether the applicant has established exceptional circumstances justifying grant of bail pending appeal.
  2. 2 Whether the applicant is likely to abscond if granted bail pending appeal.
  3. 3 Whether the applicant has satisfied the statutory and case law requirements for bail pending appeal.

Ratio Decidendi

The court found that the applicant had established exceptional circumstances, specifically advanced age (54 years) and deteriorating health, as required under Section 15 of the Trial on Indictments Act. The applicant demonstrated a fixed place of abode, family ties, and compliance with previous bail conditions, and there was no evidence of bad character or likelihood to abscond. The offence did not involve personal violence, and the applicant is a first offender. The court noted the delay in hearing the appeal and the risk of the applicant serving a substantial part of his sentence before determination of the appeal, which could result in irreparable injustice if the appeal succeeds. The...

Court Disposition

application allowed

Orders

  • The applicant is admitted to bail pending appeal upon depositing UGX 10,000,000 as cash bail before release.
  • Each surety shall execute a bond of UGX 20,000,000 not cash.