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.
28 judgments
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28 judgments
Citation
Judgment date
October 2013
Evidence Law
30 October 2013
Criminal law|Evidence Law|Burden of Proof
30 October 2013
Prosecution proved rape beyond reasonable doubt despite PF3 showing no penetration, supported by corroborative witness evidence.
Criminal law – Rape – Elements: unlawful carnal knowledge without consent; medical evidence not determinative; oral corroboration (flight, recovered clothing) can establish lack of consent; minor inconsistencies not necessarily fatal to credibility; investigative shortcomings in sexual‑offence cases.
30 October 2013
Accused convicted of murder; provocation/self-defence rejected; malice inferred from weapon, target and circumstances; sentenced to 14 years.
* Criminal law – Murder – Elements: death, unlawfulness, participation and malice aforethought – Proof beyond reasonable doubt. * Defences – Self-defence and provocation – Requirement of suddenness, heat of passion and objective standard – rejected where evidence indicates planning or targeted attack. * Evidence – Confession/charge and caution statement and post-mortem report corroborating cause of death; inference of malice from weapon, nature and location of injuries and surrounding circumstances. * Sentence – Consideration of aggravating and mitigating factors (premeditation v. advanced age and remand).
25 October 2013
Criminal law|Evidence Law|Burden of Proof
24 October 2013
Criminal law
23 October 2013
Criminal law
23 October 2013
Criminal law|Evidence Law|Burden of Proof
23 October 2013
Criminal law|Evidence Law|Cross-Examination|Evaluation of Evidence
22 October 2013
Criminal law|Evaluation of Evidence
18 October 2013
Criminal law
16 October 2013
Criminal law|Evidence Law|Burden of Proof
10 October 2013
Criminal law|Evidence Law|Cross-Examination
7 October 2013
Criminal law|Evidence Law
7 October 2013
Criminal law
4 October 2013
Criminal law
3 October 2013
Criminal law
2 October 2013
An accused committed for High Court trial must prove statutory "exceptional circumstances" for bail; student status alone is insufficient.
Criminal procedure – Bail – Applicability of Article 23(6)(c) after committal to High Court; Bail under TIA s.14 and s.15; Meaning of "exceptional circumstances"; Sureties and proof of abode do not replace statutory exceptional circumstances.
2 October 2013
Accused held over 180 days without committal entitled to constitutional bail despite inadequate documentary proof of exceptional circumstances.
* Constitutional law – Article 23(6)(c) – entitlement to bail where accused held >180 days without committal to High Court * Criminal procedure – Trial on Indictments Act (ss.13–15) – exceptional circumstances requirement for bail in High Court triable cases * Evidence – admissibility/authenticity of documentary annexures (certification, headed paper) * Court power – ability to waive statutory evidential requirements where constitutional protection applies * Bail conditions – cash deposit, non-cash sureties, periodic reporting to police, local authorities and Registrar
2 October 2013
Criminal law|Evidence Law
2 October 2013
Criminal law|Evidence Law|Burden of Proof
2 October 2013
Criminal law|Evidence Law
2 October 2013
Criminal law
1 October 2013
Criminal law
1 October 2013
Criminal law|Evidence Law|Burden of Proof
1 October 2013
Criminal law
1 October 2013
Criminal law|Evidence Law
1 October 2013
Criminal law
1 October 2013