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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
3 judgments
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December 2014
Kassumu & 3 ors v Uganda (HCT-04-CR-CN-0042-2013) [2014] UGHCCRD 80 (17 December 2014)
Conviction and 18‑month sentence upheld; compensation order set aside for lack of evidentiary basis.
Criminal law – malicious damage to property – evaluation of alibi and credibility of witnesses; Sentence – exercise of judicial discretion under s.335(1) Penal Code Act; Compensation – award in criminal proceedings requires evidentiary basis and may be set aside if unsupported.
 17 December 2014
Loketo musa & anor v Uganda (HCT-04-CR-CN-0057-2013) [2014] UGHCCRD 82 (17 December 2014)
Retracted extra‑judicial confessions admitted without a trial within a trial and lacking corroboration rendered the conviction unsafe; retrial ordered.
* Criminal law – Extra‑judicial confessions – Retraction – Requirement of trial within a trial to determine voluntariness. * Evidence – Corroboration – Unsafe to convict on uncorroborated retracted confession obtained by investigating officers. * Criminal procedure – Appellate scrutiny – duty to reassess evidence afresh and order retrial where conviction unsafe. * Sentence – Custodial term within statutory maximum may be appropriate though alternative fines must be justified.
 17 December 2014
Mulongo Namubiru v Uganda (Miscellaneous Application No. 84 of 2014) [2014] UGHCCRD 86 (4 December 2014)
An accused on long remand may obtain bail for murder absent exceptional circumstances if unlikely to abscond.
Bail — Murder charge — Constitutional right to apply for bail (Art. 23(6)(a)) — Presumption of innocence — Section 15 Trial on Indictment Act; exceptional circumstances not mandatory — Factors: period on remand, fixed abode, substantive sureties — Bail conditions: cash bond, non-cash bond by sureties, reporting, photographs, maps — Default attracts arrest warrant.
 4 December 2014