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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
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June 2006
Uganda v Kamukama (HCT-05-CR-SC-0183-2003) [2006] UGHCCRD 6 (23 June 2006)
Accused acquitted of murder but convicted of common assault; malice aforethought not established; released as time served.
Criminal law – Murder – Elements: death, unlawfulness, malice aforethought, participation. Malice aforethought not proved where causal origin of fatal injuries is unclear. Extra‑judicial statements and eyewitness evidence can rebut an alibi. Flight from scene may be evidential of guilt. Conviction on lesser offence (common assault) and time‑served sentencing.
 23 June 2006
Uganda v Murari (HCT-05-CR-SC-0183-2003) [2006] UGHCCRD 4 (23 June 2006)
A dying declaration, without independent corroboration, is insufficient to sustain a murder conviction beyond reasonable doubt.
Criminal law – Murder: elements (death, unlawfulness, malice, participation) – Dying declaration admissibility and weight – Need for corroboration of dying declarations – Failure to produce original statement – Insufficiency of circumstantial evidence to convict.
 23 June 2006
Uganda v Byamugisha & Ors (HCT-05-CR-SC-0001-2006) [2006] UGHCCRD 3 (20 June 2006)
Prosecution failed to prove murder beyond reasonable doubt; circumstantial and dying-declaration evidence found insufficient, accused acquitted.
Criminal law – Murder; circumstantial evidence; dying declarations and corroboration; identification in darkness; alibi; malice aforethought; burden of proof beyond reasonable doubt.
 20 June 2006
Uganda v Byarugaba (HCT-05-CR-SC-0004-2006) [2006] UGHCCRD 5 (20 June 2006)
Malice established by injuries but accused acquitted because participation/identity was not proved beyond reasonable doubt.
Criminal law – Murder: elements (death, unlawful killing, malice aforethought, participation); Post-mortem evidence permitting inference of malice from head injuries; Eyewitness identification – inconsistencies with contemporaneous statements undermining reliability; Alibi not disproved; Acquittal for failure to prove participation beyond reasonable doubt.
 20 June 2006
Uganda v Nuwagaba (HCT-05-CR-SC-088-2004) [2006] UGHCCRD 2 (20 June 2006)
Conviction for defilement upheld on age, medical evidence, identification and corroborated extra-judicial admission; five-year sentence.
Criminal law – Defilement – Elements: (1) victim under 18; (2) sexual intercourse occurred; (3) accused’s participation. Evidence – medical report corroborating intercourse and age; extra-judicial confession admissible if corroborated; identification and contemporaneous description – reliability. Defence – alibi disproved where prosecution places accused at scene and identification made. Sentence – custodial term with remand credit.
 20 June 2006