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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

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High Court Building at Plot 2, the Square.
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https://judiciary.go.ug/data/smenu/13/Criminal%20Division.html
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October 2008
Uganda v Basaija & Anor (Criminal Session Case No. 0074 of 2004) [2008] UGHCCRD 13 (15 October 2008)
A late amendment to add lack of consent was permitted and the complainant’s evidence (with lay corroboration) sufficed to convict.
Indictment – material omission of lack of consent in rape charge – amendment under s.50(2) Trial on Indictments Act permissible where no injustice; Sexual offences – complainant’s testimony and lay corroboration can suffice despite weak medical report; Identification – single-witness ID reliable where daylight, familiarity and prolonged observation exist; Corroboration – desirable but not mandatory in sexual offence cases.
 15 October 2008
Uganda v Byamukama (Criminal Session Case No. 0113 of 2005) [2008] UGHCCRD 14 (15 October 2008)
Victim's credible testimony and supporting evidence sufficed to convict accused of rape despite night-time identification.
Criminal law – Rape: elements – carnal knowledge, lack of consent, perpetrator’s identity. Identification evidence – night-time identification; caution but reliance permissible where conditions (familiarity, voice recognition, light, duration) favor accuracy. Corroboration in sexual offences – victim’s testimony may suffice for adults; supporting evidence (witnesses, victim’s distressed condition, accused’s conduct) strengthens case. Alibi and ulterior motive – rejected where inconsistent with cultural/informal evidence and subsequent conduct of accused.
 15 October 2008
Uganda v Tumwebaze & Ors (Criminal Session Case No.0086 of 2004) [2008] UGHCCRD 6 (15 October 2008)
Dying declaration and single eyewitness identification, corroborated by medical and circumstantial evidence, supported murder convictions and death sentences.
Criminal law – Murder: proof of death, unlawful causation and malice aforethought; Dying declaration – admissibility and weight when made in extremis; Identification – reliability of single eyewitness and severability of fabricated parts; Common intention – joint liability under s.20 Penal Code; Corroboration – medical and circumstantial evidence supporting dying declaration and identification.
 15 October 2008
Uganda v Mugarura (Criminal Session Case No.0130 of 2004) [2008] UGHCCRD 8 (3 October 2008)
An uncorroborated dying declaration and circumstantial evidence failed to exclude reasonable hypotheses of innocence; accused acquitted.
Criminal law – murder: elements (death, unlawful killing, malice aforethought, participation); dying declaration – weight and need for corroboration; circumstantial evidence – must exclude all reasonable hypotheses of innocence; evidential value of untendered exhibits and lack of forensic/fire-origin expert evidence; conduct after an offence as circumstantial inference.
 3 October 2008
Uganda v Bikorimana & Anor (Criminal Session Case No. 0046 of 2006) [2008] UGHCCRD 2 (2 October 2008)
Single-witness identification with supporting circumstances sufficed to convict of manslaughter where malice was not proved.
Criminal law – Homicide – proof of death and unlawful killing – medical and eyewitness evidence. Criminal law – Malice aforethought – inference of intent; effect of drunken brawl and poor lighting on inference of intent. Evidence – Single-witness identification – need for caution and requirement for supporting evidence. Criminal procedure – Conviction of minor cognate offence under section 87 Trial on Indictments Act (manslaughter from murder indictment). Sentencing – balancing mitigating factors (first offenders, remand) against gravity of reckless conduct causing death.
 2 October 2008