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

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10 judgments


August 2015
Obey & Ors v Uganda (Misc Application No's. 045, 046, And 047/2015) [2015] UGHCCRD 43 (30 August 2015) Applicants failed to prove exceptional circumstances; bail denied due to risk of witness interference and public interest. Criminal law — Bail — Exceptional circumstances under s.15(1) TIA — Burden on applicant to prove on balance of probabilities Criminal procedure — Bail proceedings — Risk of interference with witnesses — Unrebutted affidavits and media allegations as relevant material Public interest — Corruption/economic offences involving large sums — Gravity and integrity of administration of justice weigh against bail	30 August 2015
Otim v Uganda (Crim. Appeal 0025 of 2015) [2015] UGHCCRD 48 (30 August 2015) Appellate court upheld sentence and refund order for abuse of office, finding no error or manifest excess by the trial court. Criminal law — Sentencing — Appellate intervention — Whether sentence is manifestly excessive or the product of a wrong principle — Abuse of office — Compensation/refund orders — Power of magistrate under S.197 Magistrates Courts Act Criminal procedure — Appeal against sentence — Appellate court will only alter sentence if trial court acted on wrong principle, overlooked material factor, or imposed manifestly excessive sentence	30 August 2015
Kaweesi v Uganda (Criminal Miscellaneous Application No. 30 of 2015) [2015] UGHCCRD 67 (26 August 2015) Bail application dismissed due to prior refusal and fixation of trial date; application found to have no merit. Criminal law — Bail — Bail pending trial — Effect of prior refusal and fixation of trial date — Article 23(6)(a) and (c), Trial Indictment Act s.14(1)(a)	26 August 2015
Uganda v Obore & Ors (Criminal Appeal No 0024 0f 2014) [2015] UGHCCRD 446 (26 August 2015) Court convicted respondents of embezzlement and upheld abuse-of-office and financial-loss convictions. Criminal law — Theft and embezzlement — Receipt by public officers and failure to account — Conviction based on acknowledgment and absence of accounting records — Abuse of office — Causing financial loss — Misleading conduct in civil proceedings and failure to disclose funds — Liability for council loss	26 August 2015
Muyimba v Uganda (Criminal Appeal No.126 of 2014) [2015] UGHCCRD 52 (24 August 2015) Appellate court upheld convictions for forgery and false documents, validated state-appointed counsel, and reduced sentences to enable payment of compensation. Criminal law — Forgery and uttering false documents — Admissibility and probative value of cancelled/forged certificates of title Constitutional criminal procedure — Right to state-funded legal representation — Article 28(2)(e) — Applicability where offences attract life imprisonment Sentencing — Concurrent sentences and compensation — Reduction of custody to enable payment of compensation order	24 August 2015
Namata v Uganda (Criminal Appeal No.35 of 2015) [2015] UGHCCRD 73 (24 August 2015) Whether prosecution proved failure to prevent fire and whether conviction, sentence and compensation were lawful. Criminal law — Offence of failing to prevent fire — Proof of identification and elements required Criminal procedure — Admissibility of statements — Unsigned charge and caution statement not fatal where conviction rests on other admissible evidence Sentencing and compensation — Misdemeanor penalties and compensation under s.22 Penal Code Act and s.197(1) Magistrate's Courts Act	24 August 2015
Owire & Ors v Uganda (Criminal Application No. 58 of 2015) [2015] UGHCCRD 58 (20 August 2015) By consent, the court granted leave to file an appeal out of time and ordered filing and service by 2 September 2015. Criminal law — Appeals — Leave to file appeal out of time — Application granted by consent — Court sets deadline for filing and service of appeal documents	20 August 2015
Kikonyogo v Uganda (Criminal Appeal No. 110 of 2014) [2015] UGHCCRD 60 (17 August 2015) Conviction for theft of sale agreements upheld; sentence reduced from five to two years and documents returned to complainant. Criminal law — Theft — Whether prosecution proved theft of sale agreements beyond reasonable doubt — Penal Code ss 2, 254 Criminal procedure — Appeal — Duty of first appellate court to re-evaluate evidence and resolve doubts in favour of accused Sentencing — Excessive sentence — Reduction of a five-year sentence to two years in light of recovery of exhibits and circumstances — Penal Code s 261	17 August 2015
Mbago v Uganda (Criminal Appeal No. 019 of 2015) [2015] UGHCCRD 24 (13 August 2015) Conviction for threatening violence upheld; illegal 3‑year default term reduced to 12 months under s180(d). Criminal law — Offence — Threatening violence — Proof of ingredients — Identification and intention to intimidate Criminal procedure — Sentencing — Fine and default imprisonment — Magistrates' Courts Act s 180(d) — Statutory limits on default terms	13 August 2015
Oyirworth v Uganda (Criminal Appeal No. 115 of 2014) [2015] UGHCCRD 53 (12 August 2015) Appeal dismissed for want of prosecution under s.44(1)(b) after appellant paid fine and demonstrated abandonment. Criminal law — Appeals — Dismissal for want of prosecution — Section 44(1)(b) Criminal Procedure Code Act, Cap.116 Criminal procedure — Appeal abandonment — Effect of payment of sentence/compensation on prosecution interest	12 August 2015

HC: Criminal Division (Uganda)

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