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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

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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
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9 judgments
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December 2015
Omusugu & Anor v Uganda (Criminal Miscellaneous Application No.94 of 2015) [2015] UGHCCRD 59 (23 December 2015)
Bail denied where the prosecution case was strong and applicants posed a real risk of absconding.
Criminal procedure – Bail pending trial – Court’s discretion under Article 23(6) – Factors: strength of prosecution case, seriousness/quantum of alleged offence, risk of absconding, adequacy of sureties and proof of fixed abode/dependants – Failure to file rejoinder affidavit and prohibition against adducing evidence from the bar.
 23 December 2015
Amuge v Uganda (Criminal Appeal No. 28 of 2015) [2015] UGHCCRD 38 (17 December 2015)
Appeal dismissed: sufficient evidence linked the applicant to ATM withdrawals, despite improper reliance on co-accused evidence.
Embezzlement; circumstantial and direct evidence linking ATM withdrawals to accused; user IDs, shared passwords and captured ATM card logs; admissibility and use of co-accused evidence under s.27 Evidence Act; harmless error doctrine.
 17 December 2015
Ongiji v Uganda (Criminal Appeal No. 4 of 2005) [2015] UGHCCRD 19 (17 December 2015)
Appellate court confirmed four-year sentence, set aside unlawful no-remission order, and reduced excessive compensation.
Criminal law – Attempted murder – sentence review – appellate restraint unless illegal or manifestly excessive. Penal law – Remission of sentence – section 47 Prisons Act – trial courts cannot order deprivation of remission. Evidence – Assessment of compensation – need for PF3/medical records to quantify injuries and expenses. Compensation – awards must be supported by evidence; appellate reduction permissible if excessive.
 17 December 2015
Owire & Ors v Uganda (Criminal Appeal No.93 of 2015) [2015] UGHCCRD 71 (15 December 2015)
Conviction quashed where prosecution failed to disprove appellants’ honest claim of right and land ownership remained in dispute.
Criminal law – Theft – Proof beyond reasonable doubt – Claim/colour of right as defence – Ownership dispute over land (Kibanja) – Locus in quo and insufficiency of evidence – Compensation and restitution orders in criminal trials.
 15 December 2015
Wandera & Anor v Uganda (Misc Application No’s.0004 And 0005/2015) [2015] UGHCCRD 39 (15 December 2015)
High Court refuses to intervene in magistrates’ prima facie finding; complaints should be raised on appeal after trial.
Criminal procedure – section 48 CPC – High Court power to call records – propriety of accused requesting call of record; Prima facie finding – challenge at trial stage v. appeal after trial; Evidence – alleged irregularity in Inspectorate of Government investigations – remedy on appeal; Judicial comity – avoiding interference with ongoing trial.
 15 December 2015
Uganda v Bukirwa (Criminal Appeal No.008 of 2015) [2015] UGHCCRD 405 (9 December 2015)
Recorded communications and the respondent’s conduct proved solicitation and receipt of a bribe, warranting conviction on appeal.
Criminal law – Corruption – Soliciting and receiving gratification – Whether money was repayment of debt or bribery; evidential value of call data and recorded conversations; effect of absence of receipt book; appellate re-evaluation of evidence.
 9 December 2015
Uganda v Nalumansi & Ors (Criminal Session Case No.0070 of 2013) [2015] UGHCCRD 41 (9 December 2015)
Bank employees convicted for authorising payments against forged documents and failing to verify customer identity, causing bank loss.
Criminal law – Fraud by bank employees – Failure to verify customer identity; Payment against forged identification; Value of CCTV, handwriting expert report and issuer’s disavowal; Knowledge/reason to believe loss would occur; Conviction in face of assessor’s advice to acquit.
 9 December 2015
Uganda v Kiwanuka & Ors (Criminal Session Case No. 27 of 2013) [2015] UGHCCRD 50 (8 December 2015)
Prosecution proved theft, use of deadly weapons, and each accused’s participation; all accused convicted of aggravated robbery.
Criminal law – Aggravated robbery – elements: theft, use/possession of deadly weapon or violence, participation of each accused; identification in daylight; admissibility and corroborative value of charge and caution statement; joint liability/common intention (Sections 19(2), 20, 286(3) Penal Code).
 8 December 2015
Uganda v Acema & Ors (Criminal Session Case No.38 of 2012) [2015] UGHCCRD 454 (3 December 2015)
Prosecution proved theft, firearm use and participation; all four accused convicted of aggravated robbery and sentenced.
Criminal law – Aggravated robbery – Ingredients: theft, use of deadly weapon, and participation/common purpose. Evidence – Recovery of property and weapons; identification at scene; admissibility of Charge and Caution Statements (trial-within-a-trial). Penal Code – Joint offenders and common intention (Sections 19, 20). Sentencing – Youth, remand credit and seriousness of offence.
 3 December 2015