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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.
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https://judiciary.go.ug/data/smenu/13/Criminal%20Division.html
13 judgments
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13 judgments
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Judgment date
September 2014
Uganda v Lopeyok (Criminal Session Case No. 179 of 2013.) [2014] UGHCCRD 67 (30 September 2014)
Criminal law|Burden of Proof
 30 September 2014
Uganda v Layoor (Criminal Session Case No. 117 of 2013) [2014] UGHCCRD 70 (29 September 2014)
Criminal law|Evidence Law
 29 September 2014
Uganda v Lopuwa (Criminal Session Case. No. 135 of 2013) [2014] UGHCCRD 68 (29 September 2014)
Criminal law|Evidence Law
 29 September 2014
Uganda v Aleper (Criminal Session Case No. 110 of 2013) [2014] UGHCCRD 62 (22 September 2014)
Criminal law|Evidence Law|Burden of Proof
 22 September 2014
Uganda v Uwera Nsenga (Criminal Session Case No. 0312 of 2013) [2014] UGHCCRD 43 (22 September 2014)
Criminal law|Evidence Law|Burden of Proof
 22 September 2014
Uganda v Marani & Anor (Criminal Session Case No. 33 of 2012) [2014] UGHCCRD 58 (19 September 2014)
Criminal law
 19 September 2014
Ajambo v Uganda (HCT-04-CR-CN 0023 OF 2010) [2014] UGHCCRD 79 (18 September 2014)
Conviction for obtaining money by false pretence quashed where prosecution evidence was uncorroborated and raised reasonable doubt.
Criminal law – Obtaining money by false pretence – Ingredients of the offence – necessity to prove false representation, knowledge, intent and delivery beyond reasonable doubt; Appeal – appellate duty to re-evaluate evidence and quash unsafe convictions; Evidence – requirement for corroboration, credible witnesses and documentary proof where available; Conviction unsafe where prosecution case is inconsistent and uncorroborated.
 18 September 2014
Kakoza & Anor v Uganda (HCT-04-CR-CN 0048 OF 2013) [2014] UGHCCRD 78 (18 September 2014)
Appellate court upholds conviction and 10 million compensation, finding evidence credible and no miscarriage of justice.
Criminal appeal – evaluation of evidence on appeal; credibility and demeanour findings; alleged contradictions and corroboration; alleged judicial bias; sentencing – award of compensation and appropriateness of sentence.
 18 September 2014
Matayo v Uganda (HCT-04-CR-CN-0061 OF 2013) [2014] UGHCCRD 74 (18 September 2014)
Equivocal plea and inadequate medical evidence: grievous harm conviction substituted for actual bodily harm and sentence reduced to 12 months.
Criminal procedure – Plea of guilty – Necessity to plead to all ingredients of the offence – Equivocal plea cannot sustain conviction for a more serious offence. Evidence – Medical report – Single finger injury insufficient to support charge of grievous harm. Sentencing – Court’s power under s.34(1) and 2(b)(c) CPC to substitute conviction and alter sentence.
 18 September 2014
Uganda v Juvenile (HCT 02 CR SC 0377 OF 2014) [2014] UGHCCRD 81 (15 September 2014)
Circumstantial proof—threats, medical evidence and a sniffer dog—established a juvenile’s guilt for murder beyond reasonable doubt.
Criminal law – murder – elements: death, unlawful act, malice aforethought, participation. Circumstantial evidence – threats, body positioning, and canine tracking used to infer guilt. Evidentiary weight of sniffer-dog evidence – admissible with caution and requires corroboration and handler testimony. Children's testimony – corroboration by physical and circumstantial facts. Juvenile procedure – death penalty provision not applicable; refer juvenile to Family and Children’s Court for orders.
 15 September 2014
Majanga v Uganda (HCT-04-CR-CN 0031 OF 2009) [2014] UGHCCRD 77 (11 September 2014)
Conviction on an uncharged, non-cognate offence violated fair-trial rights; judgment set aside and retrial ordered.
Criminal law – dishonoured/bouncing cheque – conviction on uncharged offence – obtaining goods by false pretence not minor and cognate – accused’s right to be informed and to a fair opportunity to defend – mis-evaluation of evidence – conviction set aside; retrial ordered.
 11 September 2014
Uganda v Nakhabala & Ors (HCT-09-CR-SC-0055 OF 2012) [2014] UGHCCRD 72 (10 September 2014)
Accused 1 and 2 convicted of murder and four counts of aggravated robbery; accused 3 and 4 acquitted; consecutive custodial sentences and compensation ordered.
Criminal law – Murder – proof of death and malice aforethought – identification and corroboration. Criminal procedure – use of co-accused’s confession – caution and requirement of independent corroboration. Aggravated robbery – proof of theft and use of deadly weapon. Acquittal where evidence insufficient.
 10 September 2014
Uganda v Mpoya alias Wante & Anor (Criminal Session No. 32 of 2012) [2014] UGHCCRD 496 (1 September 2014)
The accused acquitted of making false documents but convicted for obtaining money by false pretence and being privy to falsification.
Criminal law – Indictment particulars and procedural defects – Reasonable information requirement; Forgery and making false documents – interrelationship of sections 342, 345, 346, 347 and 351 PCA; Accomplice confession – caution and need for corroboration; Evidence – visual identification in daylight and bank transaction records as corroboration; Delegation of prosecution – URA acting under DPP appointment; Offences: obtaining money by false pretence; procuring another to commit an offence; director privy to falsification.
 1 September 2014