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Mackenzie Leigh Mathis Spencer and Another v Uganda (Criminal Miscellaneous Application 20 of 2023)

High Court · [2023] UGHCCRD 199 · 2023 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Bail application by accused persons charged with aggravated trafficking in children and aggravated torture
Decision
Applicants released on bail pending trial

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that the applicants' pre-existing medical conditions constituted exceptional circumstances under Rule 14(2) of the Bail Guidelines warranting release on bail. The court found no evidence that the applicants posed a flight risk, noting they were renewing their work permits at the time of arrest. The presumption of innocence applies equally to foreign nationals charged with serious offences. Bail granted on conditions including cash deposit, non-cash bonds, passport deposit, and travel restrictions.

Outcome

Applicants released on bail pending trial

Facts

The applicants are United States citizens jointly charged with aggravated trafficking in children and aggravated torture. They applied for bail under Article 23(6)(a) of the Constitution. They presented medical reports showing the first applicant had complicated illness with uncertainty about medication supply in prison, and the second applicant had chronic allergic bronchial asthma making prison conditions unsuitable. The applicants' work permits had expired on 30 November 2022 but evidence showed they were actively renewing them at the time of arrest. The prosecution opposed bail arguing the applicants were flight risks due to their foreign nationality, lack of community ties, and the serious nature of the charges carrying potential death sentences.

Issues

  1. Whether the application was properly before the Criminal Division of the High Court.
  2. Whether the applicants demonstrated exceptional circumstances warranting release on bail.
  3. Whether the applicants posed a flight risk.
  4. Whether the applicants had substantial sureties.

Orders

  • Application for bail granted.
  • Each applicant to deposit cash bail of UGX 50,000,000.
  • Each surety to execute a non-cash bond of UGX 50,000,000.
  • Each applicant to deposit their passport with the Deputy Registrar of the High Court Criminal Division.
  • Applicants not to travel outside Uganda without express permission of court.
  • Applicants to report to the Deputy Registrar of the International Crimes Division of the High Court.

Rules and key headnotes

Bail — Exceptional Circumstances — Medical Conditions
Pre-existing medical conditions that cannot be adequately treated in prison constitute exceptional circumstances warranting release on bail under Rule 14(2) of the Constitution (Bail Guidelines for Courts of Judicature) Practice Directions 2022, even where prison authorities have not expressly certified inability to provide treatment.
Bail — Flight Risk — Foreign Nationals
Foreign nationality alone does not establish flight risk for purposes of refusing bail where there is no evidence to support such risk and the applicants were complying with immigration requirements at the time of arrest.
Constitutional Rights — Presumption of Innocence — Foreign Nationals
The presumption of innocence under Article 28(3) of the Constitution applies equally to foreign nationals charged with serious offences, and bail should not be refused mechanically merely because serious charges carry severe penalties.
Bail — Exercise of Discretion — Guiding Principles
In exercising discretion on bail applications, courts must balance the applicant's right to liberty and presumption of innocence against the interests of justice, considering the obligation to attend trial and such conditions as are reasonable.

Legislation cited (12)

Cases cited (1)

  • Uganda (DPP) v Rtd. Dr. Kizza Besigye (Constitutional Reference No. 20 of 2005)

Full judgment

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

Mackenzie Leigh Mathis Spencer and Another v Uganda (Criminal Miscellaneous Application 20 of 2023) [2023] UGHCCRD 199 (22 March 2023)
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.