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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
20 judgments
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20 judgments
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Judgment date
April 2016
Uganda v Atuhaire & Anor (Criminal Session Case No. Masaka-cr-0061 of 2013) [2016] UGHCCRD 29 (29 April 2016)
Corroborated confessions, forensic evidence and recent possession established murder by strangulation and aggravated robbery by the accused.
Criminal law – Murder – elements: death, unlawfulness, malice aforethought, participation; Confessions – corroboration of charge and caution statements; Recent possession – stolen motorcycle recovered from accused; Forensic evidence – strangulation (asphyxia) and rope; Aggravated robbery – theft/asportation and use of deadly weapon causing death or grievous harm.
 29 April 2016
Uganda v Kasibante (HCT-06-CR-SC-0052 of 2013) [2016] UGHCCRD 27 (29 April 2016)
Criminal law|Evidence Law
 29 April 2016
Uganda v Matsiko (HCT-06-CR-SC-0068 of 2013) [2016] UGHCCRD 34 (29 April 2016)
Criminal law
 29 April 2016
Uganda v Nakirya & Anor (Criminal Session Case No. 06-cr-sc-0188 of 2013) [2016] UGHCCRD 37 (29 April 2016)
Accused convicted of murder and grievous bodily harm; eyewitness and medical evidence rejected self‑defence.
Criminal law – Murder: elements (death, unlawfulness, malice aforethought, participation); self‑defence considered and rejected; common intention (s.20 Penal Code); grievous bodily harm; corroboration by medical and eyewitness evidence.
 29 April 2016
Uganda v Ssekamate (HCT-06-CR-SC-00132 of 2013) [2016] UGHCCRD 42 (29 April 2016)
Criminal law
 29 April 2016
Uganda v Akena & Ors (Criminal Case No. Sc. 0125 of 2015) [2016] UGHCCRD 16 (28 April 2016)
Criminal law|Evidence Law|Admissibility
 28 April 2016
Uganda v Kamugisha (HCT-06-CR-SC-0074 of 2013) [2016] UGHCCRD 25 (28 April 2016)
Criminal law|Evidence Law
 28 April 2016
Uganda v Ssemanda (HCT-06-CR-SC-0059 of 2013) [2016] UGHCCRD 44 (28 April 2016)
Accused convicted of aggravated defilement where victim’s age, medical findings and identification evidence proved the offence.
Criminal law – Sexual offences – Aggravated defilement; elements: victim under 14; unlawful carnal knowledge; identification of accused; corroboration by medical evidence; HIV status as aggravating circumstance.
 28 April 2016
Uganda v Byabagambi (HCT-06-CR-SC-0076 of 2013) [2016] UGHCCRD 22 (27 April 2016)
Criminal law
 27 April 2016
Uganda v Kakembo (HCT-06-CR-SC-0076 of 2013) [2016] UGHCCRD 23 (27 April 2016)
Criminal law|Evidence Law
 27 April 2016
Uganda v Kalangwa (HCT-06-CR-SC-0040 of 2013) [2016] UGHCCRD 24 (27 April 2016)
Medical evidence proved malice but accused acquitted because participation in the killing was not proved.
Criminal law – Murder: elements required — death, unlawfulness, malice aforethought, participation; no case to answer. Evidence – Post-mortem proof of asphyxia by strangulation supports malice aforethought. Circumstantial evidence and suspicion (possession of victim's property; presence with victim) insufficient to prove participation in killing.
 27 April 2016
Uganda v Serubogo (High Court Criminal Session Case No. 367 of 2013) [2016] UGHCCRD 143 (24 April 2016)
Criminal law
 24 April 2016
Uganda v Semanda (High Court Criminal Session Case No: 111 of 2013) [2016] UGHCCRD 139 (22 April 2016)
Criminal law|Evidence Law
 22 April 2016
Uganda v Sizomu (Criminal Session Case No. 167 of 2013) [2016] UGHCCRD 141 (20 April 2016)
Criminal law
 20 April 2016
Mubiru Kisingiri v Uganda (HCT-0OCR-CN-O108 - 2015) [2016] UGHCCRD 6 (19 April 2016)
Criminal law
 19 April 2016
Uganda v Katerega (Criminal Session Case No. 0405 of 2013) [2016] UGHCCRD 1 (13 April 2016)
Accused convicted of aggravated defilement of his underage daughter; DNA, PF3 and testimony proved guilt; sentenced to 25 years.
Criminal law – Aggravated defilement – elements: victim under 18, parent-child relationship, sexual intercourse – proof by PF3, DNA and victim testimony; sentencing – long custodial term and deduction of remand period.
 13 April 2016
Uganda v Owori (HCT-00-CR-SC-0120 of 2013) [2016] UGHCCRD 2 (13 April 2016)
Prosecution proved all elements of rape; accused convicted and sentenced to 15 years, credited to 11 years served.
Criminal law – Rape – Elements: unlawful sexual intercourse, absence of consent, identification of accused – Proof beyond reasonable doubt. Evidence – Corroboration by medical report and witness identification. Sentence – Seriousness and deterrence balanced with mitigation and credit for remand.
 13 April 2016
Uganda v Tumusiime (HCT-00-CR-SC-0395) [2016] UGHCCRD 3 (13 April 2016)
Criminal law
 13 April 2016
Uganda v Ssali (HCT -00-CR-SC-0340-2013) [2016] UGHCCRD 144 (7 April 2016)
Credible child-victim testimony, supported by medical evidence and pregnancy, can sustain aggravated defilement conviction by a guardian.
Criminal law – Aggravated defilement – Elements: victim’s age, sexual act, participation, guardian/person in authority – Identification and corroboration – Victim’s uncorroborated testimony may suffice where credible; medical evidence/pregnancy as corroboration – Sentencing and remand credit.
 7 April 2016
Gen. David Sejusa v Uganda (HCT-00-CR-CM 15 of 2016) [2016] UGHCCRD 497 (1 April 2016)
1 April 2016