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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
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October 2015
Masaba v Uganda (HCT-00-AC-CN-NO. 022 of 2014) [2015] UGHCCRD 45 (28 October 2015)
Remand periods are taken into account via sentencing guidelines; concurrent custodial sentences within statutory limits were upheld.
Criminal law – Sentencing – consideration of remand periods; Sentencing Guidelines – ‘‘taking into account’’ remand need not be arithmetical; Wildlife Act – importation of specimens without permit; Customs Act – possession of prohibited goods (ivory) – appropriateness of fines where no dutiable value exists.
 28 October 2015
Uganda v Etyang (Crim. Case No. 0006 of 2014) [2015] UGHCCRD 444 (28 October 2015)
Public officer convicted of embezzlement and false accounting after funds were unaccounted for and accountabilities falsified.
Embezzlement – public funds requisitioned and received by public officer – elements proven by audit and bank records; False accounting – knowingly furnishing false statement or return; Forensic handwriting evidence and witness denials as corroboration; Refund and attempted refund did not negate criminal liability; Credibility findings bearing on sufficiency of accountabilities.
 28 October 2015
Wanasolo v Uganda (HCT-04-CR-CN-0069-2014) [2015] UGHCCRD 11 (19 October 2015)
Appellate court quashed convictions after trial magistrate denied accused the right to call and have defence witnesses' evidence recorded.
Criminal procedure – Right to a fair trial – Duty to record and hear defence witnesses – Magistrates Courts Act s.128 and s.136; Judgment writing – necessity for reasons and impartiality – bias/pre-judgment; Appellate review – Pandya standard; Miscarriage of justice – quashing convictions where defence denied fair hearing.
 19 October 2015
Nakamya v Uganda (Criminal Appeal No.123 of 2014) [2015] UGHCCRD 55 (16 October 2015)
An interlocutory appeal against a finding that there is a case to answer is premature and must await the trial's conclusion.
Criminal procedure – interlocutory appeals – no case to answer – appeal premature until conclusion of full trial – appeal overtaken by events – Section 128 Magistrates’ Courts Act – authority: Twagira v Uganda.
 16 October 2015
Lokuwe v Uganda (Criminal Appeal No.44 of 2015) [2015] UGHCCRD 458 (14 October 2015)
Appeal dismissed: conviction, sentence and compensation for obtaining goods by false pretences upheld.
Criminal law – Offence of obtaining goods by false pretences (s.305 Penal Code) – elements: false pretence, receipt of goods, intent to defraud, knowledge of falsity; corroboration by documentary agreements. Appellate review – re-evaluation of evidence on record; standard for overturning convictions. Sentencing – discretion of trial court; interference only if manifestly excessive. Compensation – power under s.197(1) Magistrates Courts Act to award restitution for material loss.
 14 October 2015