Wakilii

Lochomin v Uganda (Criminal Miscellaneous Application 32 of 1993)

High Court · [1994] UGHC 93 · 1994 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for bail pending trial in a capital case after 454 days on remand
Decision
Application dismissed; applicant to remain on remand

Observed later treatment

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Holding

A bail application by an accused charged with murder on two counts, who had been on remand for 454 days, was premature under section 14B of the Trial on Indictments Decree, which requires 480 days before mandatory release on bail. The applicant also failed to provide medical evidence sufficient to satisfy the exceptional circumstances test for grave illness requiring bail.

Outcome

Application dismissed; applicant to remain on remand

Facts

The applicant was charged with murder on two counts. He claimed he was arrested on 15 October 1992 but not taken to court until 2 November 1992, two weeks later. The Chief Magistrate remanded him. By the date of the bail hearing on 31 January 1994, he had been on remand for approximately 454 days. The applicant stated he was suffering from tuberculosis and got confused at least twice a year. He applied for bail, arguing he had served sufficient time on remand and that his illness constituted exceptional circumstances. The State opposed the application.

Issues

  1. Whether the applicant had been on remand for the statutory period of 480 days entitling him to mandatory release on bail under section 14B of the Trial on Indictments Decree.
  2. Whether the applicant satisfied the requirements for bail on exceptional grounds of grave illness under section 14A(2)(a) of the Trial on Indictments Decree.

Orders

  • Application for bail dismissed.

Rules and key headnotes

Criminal Law & Procedure — Bail — Statutory Limits on Remand in Capital Cases — Section 14B Trial on Indictments Decree
Under section 14B of the Trial on Indictments Decree, an accused charged with an offence punishable by death must have been remanded in custody for a continuous period exceeding 480 days before the judge is required to release him on bail on his own recognisance, unless the accused has been committed to the High Court for trial or the judge is satisfied that it is for the protection of the public that he should not be released from custody.
Evidence — Medical Evidence — Grave Illness as Exceptional Circumstance for Bail — Requirement for Medical Board Certificate
Under section 14A(2)(a) of the Trial on Indictments Decree, an applicant seeking bail on grounds of grave illness must show that he is suffering from grave illness which has been certified by a Medical Board as being incapable of adequate medical treatment while the applicant is in custody.
Criminal Law & Procedure — Bail — Grave Illness — Alternative Evidence Where No Medical Board Exists
Where no Medical Board exists, it is appropriate for the court to substitute itself for the Medical Board and consider the available evidence to decide whether the alleged grave illness is really grave and whether it is such as would be incapable of adequate medical treatment while the accused is in custody.

Legislation cited (2)

  • Trial on Indictments Decree s.14B
  • Trial on Indictments Decree s.14A(2)(a)

Cases cited (2)

  • Ahmad Sengendo v Uganda (Criminal Miscellaneous Application No. 111 of 1986)
  • Lule Tony v Uganda (Criminal Miscellaneous Application No. 25 of 1993)

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Lochomin v Uganda (Criminal Miscellaneous Application 32 of 1993) [1994] UGHC 93 (4 February 1994)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.