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

Citation	Judgment date
September 2016
Uganda v Kasaija & Ors (HCT – 01 – CR – SC – 0084 of 2015) [2016] UGHCCRD 91 (27 September 2016) Accused convicted on guilty plea for two murders and aggravated robbery sentenced to concurrent 20-year terms, remand deducted. Criminal law – Sentencing – Murder and aggravated robbery – Guilty plea – Mitigating factors (first offender, youth, family responsibility, plea) – Concurrent sentences – Credit for time on remand – Trial of co-accused to proceed.	27 September 2016
Uganda v Bazile & Anor (HCT-04-CR-SC-15 of 2013) [2016] UGHCCRD 109 (26 September 2016) Prosecution failed to prove aggravated robbery: theft, weapon use linkage and participation were not established. Criminal law - aggravated robbery - elements: theft, use/threat of deadly weapon, grievous harm, participation - requirement that each ingredient be proved beyond reasonable doubt. Identification - reliability of witness identification at night and where complainant lost consciousness. Forensic evidence - insufficiency of DNA/forensic linkage and issues of chain of custody. Burden on prosecution to rebut defence explanation and establish continuity of exhibits.	26 September 2016
Uganda v Kahiriita (Kabale 00-cr-co-0039 of 2014) [2016] UGHCCRD 119 (24 September 2016) Child’s unsworn identification, prompt complaint and medical findings corroborated prosecution; accused convicted of aggravated defilement. Criminal law – Aggravated defilement – elements: victim under 14, sexual act, identity of accused. Identification evidence – single child witness – need for caution where unsworn. Corroboration – immediate complaint to parent and medical evidence can corroborate unsworn child evidence. Alibi – inconsistencies and implausibility may lead to rejection.	24 September 2016
Uganda v Chelimo (HCT-04-CR-SC-169 of 2015) [2016] UGHCCRD 110 (21 September 2016) Failure to prove the victim was under 14 reduced aggravated defilement to a conviction for simple defilement. Criminal law – Defilement – aggravated defilement v. simple defilement – requirement that victim be under 14 years.* Evidence – proof of age – reliability of medical age estimation, school ID and birth certificate produced after the offence.* Evidence – proof of sexual intercourse – victim testimony corroborated by medical examination.* Identification – conditions of identification, corroboration by family witness and arrest at scene.* Procedure – Trial on Indictments Act s.87 – conviction of lesser cognate offence where elements of charged offence not proved.	21 September 2016
Uganda v Abdala Nabil (Criminal Case No. 0004 of 2016) [2016] UGHCCRD 69 (20 September 2016) Whether a former teacher remains a "person in authority" and whether circumstantial evidence suffices for aggravated defilement conviction. Criminal law – Aggravated defilement – elements: victim under 18, sexual act, person in authority, identity of perpetrator; sufficiency of circumstantial evidence. Statutory interpretation – "person in authority" under s.129(4)(c) construed purposively to include teacher–pupil fiduciary relationship continuing until majority. Evidence – admissibility of facts discovered as a consequence of information from an accused (discovery exception); victim’s hearsay reports to third parties as corroborative evidence. Sentencing – application of sentencing guidelines, consideration of aggravating/mitigating factors and set-off for remand time.	20 September 2016
Kiconco v Uganda (Criminal Appeal No.22 of 2015.) [2016] UGHCCRD 122 (17 September 2016) Appeal allowed for misdirection on identification and failure to obtain mandatory High Court confirmation of sentence. Criminal law – identification evidence – delay in reporting and preservation of alleged weapon – reliability and credibility; Medical report inconsistencies with alleged date of injury; Procedural law – sentencing: mandatory High Court confirmation under section 173 for sentences exceeding two years; Miscarriage of justice for failure to warn on mistaken identity.	17 September 2016
Uganda v Bedayika (High Court Criminal Juvenile Session Case No. 19 of 2016) [2016] UGHCCRD 474 (15 September 2016) The High Court may sentence child offenders it tries (alone or with adults) but may not impose the death penalty. Children Act – sentencing of child offenders – effect of Children (Amendment) Act No.9/2016 (Section 23) on High Court powers Constitutional jurisdiction – High Court’s unlimited original jurisdiction (Art.139(1)) and Section 14 Judicature Act prevail Sentencing – prohibition of death penalty for children; High Court may impose lawful sentences other than death Remittal provisions (Sections 94(1)(g), 100(3)) do not oust High Court jurisdiction for children tried alone	15 September 2016
Uganda v Okiria & Anor (HCT-04-CR-SC-003/2013) [2016] UGHCCRD 108 (13 September 2016) The accused were acquitted because the prosecution failed to prove their participation in the murder beyond reasonable doubt. Criminal law – Murder – elements: death, unlawfulness, malice aforethought, participation; Circumstantial evidence and identification – insufficiency to convict without linking evidence; Alibi – accused need not prove alibi but prosecution must displace it; Expert evidence – sniffer-dog evidence requires handler’s testimony to qualify as expert opinion; Threats – must be proved and linked to offence to be probative.	13 September 2016
Uganda v Orone (HCT-04-CR-SC-0253/2013) [2016] UGHCCRD 107 (13 September 2016) Accused, a stepfather, convicted of defilement based on the victim’s credible testimony, medical evidence, and a voluntary confession. Criminal law – Defilement/aggravated defilement; proof of age (medical report); person in authority (stepfather); sexual offences – victim testimony and corroboration; admissibility and corroborative weight of charge and caution statement (PE.3); limits of medical report inconsistencies; destruction of alibi; caution in convicting on single identifying witness but conviction safe where evidence is cogent.	13 September 2016