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Lochomin v Uganda (Criminal Application 32 of 1993) [1994] UGHC 85 (4 February 1994)
- Citation
- [1994] UGHC 85
- Status
- Judgment
- Jurisdiction
- Uganda
- Court
- High Court of Uganda
- Panel
- Lugayizi, J
- Case number
- Criminal Application 32 of 1993
- Language
- English
More details
- Court
- High Court of Uganda
- Panel
- Lugayizi, J
- Case number
- Criminal Application 32 of 1993
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court held that the applicant had not demonstrated entitlement to bail as the statutory period of 480 days on remand for capital offences had not been exceeded, and no sufficient medical evidence was provided to support the claim of ill health. The requirements under the relevant statutory provisions were not met, and thus the application for bail could not be granted at this stage.
Court disposition
bail application dismissed
Orders
- The application for bail is denied.
02
Material facts
Parties
Lochomin Simon
ApplicantUganda
Respondent Counsel: Mr. ElubuAmounts and remedies
- Days on Remand: 480
03
Procedural history
Posture
Miscellaneous Criminal Application / Bail Application Ruling
04
Questions and positions
Legal issues
- 01
Whether the applicant is entitled to bail having spent 480 days on remand for a capital offence.
- 02
Whether the applicant's medical condition justifies grant of bail without supporting evidence from the Medical Board or Prisons' Medical authority.
Party arguments
- Applicant
- The applicant argued that he had been on remand for 480 days since his arrest on 15th October, 1992, and that he suffers from tuberculosis and experiences confusion at least twice a year, thus seeking bail on grounds of prolonged remand and ill health.
- Respondent
- The respondent, represented by Mr. Elubu, opposed the application, contending that the applicant had not exhausted the statutory period of 480 days on remand and had not produced the required medical evidence from the Medical Board or Prisons' Medical authority as mandated by S.14B of the Trial on Indictments Decree.
05
Court’s reasoning
Legal principles
- 01
Section 148 of the Trial on Indictments Decree
A person charged with a capital offence may be granted bail if they have spent a statutory period on remand without trial.
- 02
Section 14B of the Trial on Indictments Decree (as amended by Act 5/90)
Medical grounds for bail must be supported by evidence from the Medical Board or Prisons' Medical authority.
06
Ratio, limits and disposition
Ratio decidendi
The court held that the applicant had not demonstrated entitlement to bail as the statutory period of 480 days on remand for capital offences had not been exceeded, and no sufficient medical evidence was provided to support the claim of ill health. The requirements under the relevant statutory provisions were not met, and thus the application for bail could not be granted at this stage.
Court disposition
bail application dismissed
- The application for bail is denied.
Source and reliance status
High Court of Uganda
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
High Court of Uganda
Judgment
THE REPUBLIC OF UGANDA IN THE HIGH COURT OF UGANDA AT KAMPALA MISC. CRIMINAL APPL. NO. 32 OF 1993 (Original Criminal Case No. MMO/91/92 of Moroto Court).
LOCHOMIN SIMON: ...... APPLIC:NT . . . . . . . . . . . . . VERSUS
UGANDA: .. RESPONDENT BEFORE: The Honourable Ac. Justice E. S. Ingavizi RULING-
The Applicant in this case was charged with the offence of wurder on two counts. This took place on 2nd November, 1992, before the Chief Magistrata in Manato who sent him on remand thereafter.
In his application for bail on 31st January, 1994. the Applicant revealed that he was arrested on 15th October, 1992; and that so far, he had covered 480 days on remand. He further said that he was suffering from tuberculosis and got confused at least twice in a year.
$Mr.$ Elubu for the State opposed this application and said that the Applicant was not entitled to bail because he had not exhausted the Statutory period of 480 days on remand. Secondly, on sickness, the Applicant had not produced evidence from the Medical Board supporting his case as was required under S.14B of the Trial on Indictments Decree (incorporated therein by Act 5/90) or from the Prisons' Medical authority.
The aforesaid Section 148 of the Trial on Indictments Decree which lays down the time limit in capital cases where persons who have not yet been tried are on remand, provideds as follows;
$.../2...$
Read before:
Mr. Elubu for the State. The Applicant/Accused present. Mrs. Kamukama Court/Clerk.
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E. S. Lugayizi Ag. J U D G E $4/02/1994.$
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