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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

7 judgments

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7 judgments


May 2009
Uganda v Byaruhanga & Anor (Criminal Session Case No. 0033 of 2006) [2009] UGHCCRD 6 (27 May 2009) Victim testimony, medical findings and reliable identification established defilement, resulting in conviction. Criminal law — Defilement — Proof of penetration — Victim and medical evidence corroboration — Identification — Caution in reliance; assessment of time, light, distance and familiarity Evidence — Corroboration — Secondary evidence (police statements) admissible and supportive under Evidence Act provisions	27 May 2009
Uganda v Seru (Criminal Session Case No. 0130 of 2005) [2009] UGHCCRD 27 (27 May 2009) Conviction for defilement based on victim’s evidence, medical corroboration, and reliable daylight identification. Criminal law — Defilement — Elements: penetration, victim under 18 years, and accused’s participation Evidence — Admission of secondary evidence — Where primary witnesses cannot be traced, prior statements may be admitted under Evidence Act provisions — Identification — Familiarity and daylight conditions reduce risk of mistaken identity; caution still required	27 May 2009
Uganda v Bangyi (Criminal Session Case No. 0154 of 2004) [2009] UGHCCRD 4 (15 May 2009) Conviction for defilement upheld where unsworn child testimony was corroborated by eyewitness and medical evidence. Criminal law — Sexual offences — Defilement — Proof of penetration and corroboration of unsworn child testimony — Trial on Indictments Act s.40 Evidence — Identification — Visual identification caution — Daylight and familiarity increase reliability — Medical evidence — Corroborative value but not mandatory for proving sexual assault	15 May 2009
Uganda v Agaba (Criminal Session Case No. 0090 of 2005) [2009] UGHCCRD 2 (14 May 2009) Defilement conviction based on victim’s testimony, medical corroboration and circumstantial audial identification. Criminal law — Sexual offences/defilement — Proof of penetration and victim’s age as essential ingredients Evidence — Identification — Audial identification by sleeping victim; special caution and need for corroboration — Circumstantial evidence — When circumstantial facts must be incompatible with innocence; medical and lay examination as corroboration	14 May 2009
Uganda v Tinkamanyire (Criminal Session Case No. 0065 of 2005) [2009] UGHCCRD 28 (12 May 2009) The accused was convicted after prosecution proved penetration, the victim’s age under 18, and reliable identification. Criminal law — Sexual offences — Defilement — Proof of penetration, age and identity — Victim and eyewitness evidence corroborated by medical report	12 May 2009
Uganda v Nsabimana (Criminal Session Case No. 0014 of 2005) [2009] UGHCCRD 17 (11 May 2009) Provocation and lack of malice aforethought reduced a murder charge to manslaughter; conviction entered for manslaughter. Criminal law — Homicide — Distinction between murder and manslaughter — Malice aforethought and provocation Evidence — Identification and hearsay — Admissibility and weight of deceased’s statement as secondary evidence (not dying declaration) Criminal law — Causation — Medical intervention, intervening factors and application of Penal Code s.198	11 May 2009
Uganda v Obedgin (Criminal Session Case No. 0181 of 2009) [2009] UGHCCRD 18 (11 May 2009)	11 May 2009