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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
6 judgments
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6 judgments
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November 2015
Okello v Uganda (Criminal Appeal No.035 of 2015) [2015] UGHCCRD 47 (30 November 2015)
A supervising public engineer convicted for certifying shoddy bridge works causing financial loss and neglect of duty; appeal dismissed.
Criminal law – Abuse of office: elements and proof; Causing financial loss: proof of act/omission, knowledge/reason to believe and quantifiable loss; Neglect of duty: supervisory obligation of public engineers and sufficiency of particulars; Appellate review: re-evaluation of evidence and credibility of expert inspection reports.
 30 November 2015
Uganda V Kusemererwa (CRIMINAL CASE No: HCT-01-CR-SC-0015-2014) [2015] UGHCCRD 12 (25 November 2015)

 

 25 November 2015
Uganda v Bwanika & Anor (Criminal Session Case No. 32 of 2013) [2015] UGHCCRD 69 (12 November 2015)
Whether theft, use of violence and each accused’s participation in aggravated robbery were proven beyond reasonable doubt.
* Criminal law – Robbery – Elements: theft, use of violence – Proof beyond reasonable doubt. * Identification evidence – eyewitness description, lighting, prior knowledge, identification parade – reliability and sufficiency. * Joint charges – participation/common intention – individual culpability under Sections 21 and 22 Penal Code Act. * Medical evidence (PF3) corroborating use of deadly weapon and grievous harm.
 12 November 2015
Uganda v Mbaziira (Criminal Appeal No.69 of 2014) [2015] UGHCCRD 468 (12 November 2015)
Court reversed acquittal, convicted respondent for uttering forged documents and fraudulently disposing trust property; corporate veil pierced.
Criminal law – Uttering a false document (s.351 Penal Code) – Forgery established; participation and knowledge required. Trustee fraud – Fraudulent disposal of trust property (s.322(2)(d) Penal Code). Company law – Lifting/piercing the corporate veil where incorporation and corporate acts are tainted by forgery and used to defraud; remedies include voiding transfers and cancelling land registration entries (Registration of Titles Act s.175). Burden of proof – prosecution must prove offences beyond reasonable doubt.
 12 November 2015
Bigugu v Uganda (Miscellaneous Application No.83 of 2015) [2015] UGHCCRD 452 (9 November 2015)
Bail denied for lack of applicant affidavit and insufficient medical and surety evidence.
Bail pending trial; sufficiency of affidavit evidence; medical grounds for bail; section 15(3)(a) certification by prison medical officer; proof of residence and sureties.
 9 November 2015
Mugwanya v Uganda (Criminal Appeal No.125 of 2014) [2015] UGHCCRD 451 (3 November 2015)
Court upheld convictions based on direct oral evidence, affirmed compensation order, and reduced sentence to account for 16 months on remand.
* Criminal law – obtaining money by false pretences – sufficiency of oral evidence and corroboration. * Evidence Act (ss.58–59) – direct oral evidence admissible to prove facts. * Competence and corroboration – spouse’s testimony may corroborate complainant. * Restitution – Magistrates’ Courts Act s.197 – compensation order following conviction. * Sentencing – credit for time on remand must be taken into account.
 3 November 2015