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

11 judgments

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11 judgments

Citation	Judgment date
May 2014
Muwonge & Ors v Uganda (Criminal Appeal Nos.61 of 2013, (muwonge Abdu –vs- Uganda); 65 of 2013 (tebusweke –vs- Uganda); 68 of 2013 (mubiru Ali –vs- Uganda)) [2014] UGHCCRD 109 (30 May 2014) Appellate court upheld convictions for receiving stolen property but reduced manifestly excessive sentences to two years. Criminal law – Receiving stolen property – Proof of possession and knowledge – Photographs, complainant and police evidence may sustain conviction. Evidence – Chain of custody and identification – Photographic evidence and witness testimony can close gaps where exhibits were returned. Evidence – Admissibility – Irregular admission of police statements does not require reversal if not relied upon and remaining evidence proves charge. Sentencing – Sentencing must relate to the offence convicted; extraneous aggravating events not proved against accused cannot justify excessive sentence. Appeals – First appellate Court duty to re-appraise evidence and substitute sentence where trial Court misdirected.	30 May 2014
Mutema v Uganda (Criminal Appeal No.15 of 2014) [2014] UGHCCRD 103 (23 May 2014) Consecutive two-year terms for obtaining Shs1.6m were excessive; concurrent sentence or fine substituted and restitution upheld. Criminal law – Sentencing discretion – Obtaining money by false pretences – Mitigating effect of guilty plea and first offender status – Consecutive versus concurrent sentences – Restitution order upheld.	23 May 2014
Sekabira & 2 ors v Uganda (Miscellaneous Application No. 240 of 2013) [2014] UGHCCRD 88 (23 May 2014) Applicants charged with murder failed to prove exceptional circumstances and were refused bail pending trial. Bail — exercise of judicial discretion guided by law; Trial on Indictment Act ss.14–15 as directive factors. Exceptional circumstances — requirement of evidential proof (including prison/medical letters) when relied upon. Bail security — adequacy and personal knowledge of sureties and validity of identification documents. Gravity of offence and remand length — relevance in bail determinations; co-accused at large as a risk factor.	23 May 2014
Uganda v Nguche (HC -06-CR-SC 130 OF 2012) [2014] UGHCCRD 42 (16 May 2014) Accused convicted of rape after court found all statutory elements proved and sentenced to 28 years imprisonment. Criminal law – Rape – Elements: adult victim, sexual intercourse, lack of consent, identification of accused. Identification – Conviction on single identifying witness where close proximity, prolonged contact and specific features support reliability. Evidence – Medical report and torn clothing corroborating non-consensual intercourse and resistance. Sentencing – Balance of deterrence and mitigation; lengthy custodial sentence imposed.	16 May 2014
Alawi & Anor v Uganda (Criminal Appeal No.29 of 2014) [2014] UGHCCRD 97 (14 May 2014) Convictions for obtaining money by false pretence affirmed; sentences varied to include alternative fines and compensation. Criminal law – obtaining money by false pretence; evaluation of witness testimony; evidential value of documentary exhibits; appellate re-evaluation of evidence; sentencing—mitigation and alternatives; magistrates’ powers under s.197 and s.198 Magistrates Courts Act.	14 May 2014
Uganda v Bamigwa (Criminal Session No. 75 of 2012) [2014] UGHCCRD 95 (14 May 2014) Age and penetration proven but lack of evidence linking the accused to the act meant no prima facie case; accused acquitted. Criminal law – Aggravated defilement – elements: age, sexual act, participation; medical evidence of penetration and force. Criminal procedure – no case to answer – prima facie standard (Bhatt). Circumstantial evidence – requirement that facts be incompatible with innocence (Simon Musoke; Mugoya). Proof of participation – necessity of evidence directly or circumstantially linking accused to the act.	14 May 2014
Wabwire v Uganda (Miscellaneous Application No. 28 of 2014) [2014] UGHCCRD 90 (14 May 2014) Applicant charged with murder failed to prove exceptional circumstances—medical reports insufficient and sureties inadequate, bail denied. Criminal procedure – Bail pending trial – Exceptional circumstances – grave illness (end-stage glomerulonephritis) – requirement under s.15(3) TIA that medical officer certify inability to treat in custody. Bail considerations – sufficiency of sureties and proof of fixed abode; risk of absconding – gravity of offence (murder) relevant to discretion.	14 May 2014
Ssozi & Anor v Uganda (Criminal Appeal No.28 of 2014) [2014] UGHCCRD 100 (13 May 2014) Conviction for obtaining money by false pretences upheld; compensation allowed and sentence substituted with fines, imprisonment in default. Criminal law – Obtaining money by false pretences – ingredients and intent; Civil vs criminal proceedings – coexistence and effect of consent judgment; Magistrates’ Courts Act ss.197–198 – power to award compensation and enforcement; Evidence – testimony of agent/donee of power of attorney and complainant’s own testimony; Sentence – substitution of imprisonment with fine in view of compensation order.	13 May 2014
Uganda v Kivumbi & Ors (Criminal Case No 0020/2011) [2014] UGHCCRD 89 (12 May 2014) Prosecution failed to establish a prima facie case of participation in mob murder; all accused acquitted. Criminal law – Murder – Prima facie case – Burden of proof and presumption of innocence – Participation in mob violence – Insufficient evidence and contradictions do not warrant putting accused to defence.	12 May 2014
Kitongo v Uganda (Criminal Revision No.0002/2014) [2014] UGHCCRD 30 (8 May 2014) A compensation order cannot be imposed as the sole sentence; court set aside the illegal order, released the applicant and ordered retrial. Criminal procedure – Revision under s.50(1)(b) Criminal Procedure Act – Illegal sentence – compensation cannot be sole punishment – Magistrates Courts Act s.197(1) and s.197(3) – compliance with s.133 – retrial and immediate release.	8 May 2014
Uganda v Etom (HCT-00-CR-SC-115 OF 2013) [2014] UGHCCRD 69 (5 May 2014) Accused convicted of murder: unlawful fatal beating with malice; accident and intoxication defences rejected. Criminal law – Murder – Elements: death, unlawfulness, malice aforethought, participation – Malice inferred from weapon, part struck, number/force of blows and post-offence conduct – Defences of accident and voluntary intoxication rejected – Assessors’ extraneous influence not binding.	5 May 2014