HC: Criminal Division (Uganda)

The Criminal Division is Responsible for hearing all serious criminal offences referred to it by the Magistrates' Courts. According to the Principal Judge's Circular, except for Commercial Court Judges who must attend to only Commercial Court cases, the rest of the Judges of the High Court who are based in Kampala are members of the Criminal Division irrespective of the other Divisions of the High Court that they belong to.

Each of the above judges is supposed to do, at least, one High Court Criminal Session in a year at Kampala

Physical address
High Court Building at Plot 2, the Square.
24 judgments
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24 judgments
Citation
Judgment date
December 2002
Criminal law
20 December 2002
Criminal law
2 December 2002
Criminal law|Evidence Law|Burden of Proof
2 December 2002
November 2002
Criminal law|Evidence Law|Burden of Proof
27 November 2002
Criminal law
20 November 2002
Confession admitted despite procedural defects, but failure to prove victim's age and intercourse led to acquittal.
* Criminal law – Defilement (s.123(1) Penal Code) – ingredients: intercourse (penetration), age under 18, identity of accused. * Evidence – Confession under charge and caution – admissibility where procedure departs from guidance; requirement that accused understands vernacular and that contents be interpreted and read back. * Evidence – Corroboration of retracted confession; circumstantial evidence and opportunity insufficient without corroborative proof. * Evidence – Proof of age – necessity to tender birth certificate or call material witness.
15 November 2002
Criminal law
12 November 2002
Criminal law|Evidence Law|Burden of Proof
11 November 2002
Criminal law|Evidence Law
7 November 2002
Criminal law
4 November 2002
October 2002
Criminal law
19 October 2002
August 2002
Criminal law
13 August 2002
July 2002
Criminal law
15 July 2002
Criminal law
8 July 2002
Criminal law
1 July 2002
April 2002
Criminal law
7 April 2002
March 2002
Criminal law
5 March 2002
February 2002
A single reliable identifying witness can sustain a malicious damage conviction; alibi negated and appeal dismissed.
Criminal law – malicious damage to property – identification evidence – single identifying witness may suffice – alibi must be negatived by prosecution – corroboration and prior related disputes do not automatically discredit witnesses.
20 February 2002
Appeal allowed where charge combined separate transactions and alleged victim lacked legal personality; conviction quashed.
Criminal law – Obtaining credit by fraud – Defective charge for combining separate transactions – Requirement for separate counts (Magistrates’ Courts Act s.84(2)) – Legal personality of alleged victim – Business Names Registration Act s.10 – Conviction quashed.
20 February 2002
Attendance at a planning meeting can suffice to convict for malicious damage under s.143 as a cognate, uncharged offence.
Criminal law – conviction for minor cognate offence under section 143 Magistrates’ Courts Act – sufficiency of evidence of planning/meeting to establish incitement/conspiracy to malicious damage.
19 February 2002
19 February 2002
Appeal allowed: convictions quashed and appellant acquitted for insufficient proof and inadequately recorded locus visit.
* Criminal law – criminal trespass – proof of entry upon another’s land – sufficiency of evidence. * Criminal law – removal of boundary marks – need to prove plants were actual boundary marks and intent to defraud. * Evidence – locus in quo inspection – must be comprehensively recorded and include evidence from all parties before reliance. * Procedural – convictions quashed where essential elements are not proved.
19 February 2002
Conviction for child neglect quashed because prosecution failed to prove appellant's paternity with independent evidence.
Criminal law – Child neglect (s.153 Penal Code) – Proof of paternity as essential element – Insufficiency of corroboration and documentary evidence – Burden on prosecution to prove paternity beyond reasonable doubt.
19 February 2002
Criminal law
2 February 2002