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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.
Visit website
https://judiciary.go.ug/data/smenu/13/Criminal%20Division.html
11 judgments
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11 judgments
Citation
Judgment date
August 2005
Uganda v Tusiime (HCT-05-CR-CO-0176-2002) [2005] UGHCCRD 5 (25 August 2005)
Criminal law
 25 August 2005
July 2005
Uganda v Bukenya (Criminal Appeal No. 21-2004) [2005] UGHCCRD 37 (27 July 2005)
Appeal dismissed for filing grounds outside statutory time and for lacking required particulars under section 28.
Criminal Procedure Code Act s.28(1),(3),(4) – Notice of appeal and timing for lodging grounds – Requirement to indicate wish to peruse judgment – Necessity of particulars in grounds of appeal – Incompetence and dismissal where grounds filed late and are overly general.
 27 July 2005
April 2005
Uganda v Bizimana (HCT-05-CR-SC-0230-2002) [2005] UGHCCRD 7 (25 April 2005)
Uncorroborated child testimony and medical findings did not prove defilement or accused’s participation beyond reasonable doubt.
* Criminal law – Defilement – ingredients: age, sexual intercourse, accused’s participation; * Evidence – testimony of a child of tender years – requirement for corroboration; * Medical evidence – intact hymen and recent bruising – limits as corroboration of penetration; * Standard of proof – prosecution must establish all ingredients beyond reasonable doubt; * Assessors’ opinion – considered but judge assesses evidence independently.
 25 April 2005
Uganda v Buroro (HCT-05-CR-CO-0178-2002) [2005] UGHCCRD 6 (25 April 2005)
The accused was convicted of defilement after medical evidence and the victim’s distressed identification corroborated her testimony.
Criminal law – Defilement – Proof of age of victim; medical evidence of ruptured hymen and spermatozoa; corroboration of child’s identification by distressed condition and naming of accused; rejection of fabricated alibi/motive.
 25 April 2005
Uganda v Bakeihahwenki (HCT-05-CR-148-2002) [2005] UGHCCRD 11 (22 April 2005)
Accused’s firearm caused a death; malice not proved, convicted of manslaughter and released after time served.
Criminal law – Murder – Elements: death, unlawfulness, malice aforethought, participation – Proof beyond reasonable doubt – Accidental discharge defence – Substitution to manslaughter where malice not proved – Sentencing: credit for time on remand.
 22 April 2005
Uganda v Ashaba (HCT-05-CR-CO-0175-2002) [2005] UGHCCRD 8 (14 April 2005)
Age and intercourse proved, but lack of corroboration on identity led to acquittal.
Criminal law – Defilement – Elements: age, sexual intercourse, participation – Child of tender years’ evidence requires corroboration in material particulars – Medical evidence on age and intercourse – Burden of proof beyond reasonable doubt.
 14 April 2005
Uganda v Mwine (HCT-05-CR-CO-169-2002) [2005] UGHCCRD 9 (12 April 2005)
The accused acquitted where child's unsworn evidence lacked independent corroboration and no medical proof of intercourse.
Criminal law – Defilement – Proof beyond reasonable doubt – Evidence of a child of tender years – Requirement for corroboration – Lay observation of swelling insufficient without medical evidence – Alibi not disproved.
 12 April 2005
Uganda v Rwomwani (HCT-05-CR-SC-0219-2003) [2005] UGHCCRD 10 (11 April 2005)
Criminal law
 11 April 2005
January 2005
Uganda v Ofono & Anor (Criminal Session Case No. 84 of 2004) [2005] UGHCCRD 4 (7 January 2005)
Accused convicted of two aggravated robberies based on credible identification, corroborated confessions, recovered weapons and stolen property.
Criminal law — aggravated robbery; elements: theft and use/threat of deadly weapon; identification at night; admissibility and corroboration of confessions; doctrine of common intention; recent and constructive possession; ballistic corroboration.
 7 January 2005
Uganda v Owora (Criminal Session Case No. 067/2004) [2005] UGHCCRD 2 (6 January 2005)
Criminal law
 6 January 2005
Uganda v Kwatampola (Criminal Session Case No. 77 of 2004) [2005] UGHCCRD 3 (5 January 2005)
Victim’s testimony, medical report and witnesses corroborated defilement beyond reasonable doubt, resulting in conviction.
Criminal law – Defilement – elements: age under 18, penetrative sexual intercourse, identity of perpetrator; corroboration in sexual offence trials; weight of medical evidence; credibility and identification; accused’s physical incapacity defence rejected.
 5 January 2005