Michael v. R. Crim. App. 462-A-71; 31/12/71; Bramble, J.

 

Michael v. R. Crim. App. 462-A-71; 31/12/71; Bramble, J.

The appellant made an application for bail pending appeal claiming that he was a first offender and of good character; that there was no likelihood of his running away and that there was an overwhelming probability that the appeals would succeed. The question was whether or not he principles mentioned above which apply to the granting of bail before conviction are equally applicable to the granting of bail pending appeal.

            Held: (1) “In The Masrani [1960] E.A. 320 Sheridan, J. pointed out that these principles apply to the granting of bail before conviction and that there are different considerations after conviction when in accordance with the United Kingdom practice bail is granted only in exceptional circumstances. This had been previously emphasized in a Tanganyika case, Highir Singh Lamba v. R. 1958 E.A.L.R. 337, by Spry then Acting Judge ….. As to the point of

There being an overwhelming chance of success I cannot so hold as the twenty-five grounds of appeal deal only with facts and suggest that the matter is very arguable.”