Omaka v Uganda
Omaka v Uganda (Miscellaneous Criminal Application No. 0009 of 2017) [2018] UGHCCRD 91 (13 April 2018)
The court held that while the applicant had been detained for an extended period due to a finding of unfitness to stand trial and the absence of a ministerial order, the appropriate course was not immediate release. The court distinguished between cases where a special finding of not guilty by reason of insanity precludes retrial and cases like the present, where unfitness to stand trial does not discharge criminal liability. The court found that the applicant, following a psychiatric assessment and the court's own observations, had regained sufficient mental capacity to understand the procee…
Source excerpt
- Fitness To Stand Trial
- Criminal Responsibility
- Detention Of Accused Persons
- Ministerial Powers In Criminal Process