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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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7 judgments
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July 2018
Uganda V Mutebi Ronald & Anor. (HCCT-CR-SC-0020 OF 2016) [2018] UGHCCRD 223 (31 July 2018)
Court admitted the accused's caution statement as voluntary despite torture allegations under the Evidence Act.
Criminal procedure – admissibility of confession/charge and caution statement – voluntariness – Evidence Act ss.23 and 24; allegations of torture and medical evidence; language and reading back; trial within a trial.
 31 July 2018
Kirya Robert V Uganda (High Court Criminal Appeal No. 50 of 2016) [2018] UGHCCRD 228 (23 July 2018)
Convictions based on documents only marked for identification are unsafe; absent exhibits, forgery and uttering offences not proved.
Evidence – Documents marked for identification but not tendered as exhibits are inadmissible for proving forgery/uttering; prosecution must produce and tender disputed documents; insufficiency of circumstantial evidence where foundational documentary proof absent – Sentencing – excessive sentence corrected – Compensation under S.197 Magistrates Court Act cannot stand where conviction unsafe.
 23 July 2018
Sebulime Baker V Uganda (High Court Criminal Appeal No. 21 of 2018) [2018] UGHCCRD 226 (19 July 2018)
A court may stay criminal prosecutions arising from a civil land dispute pending civil and appellate determination to avoid conflicting judgments.
Land law; criminal trespass and malicious damage; stay of criminal proceedings pending civil proceedings; abuse of process; injunctions maintaining status quo; risk of conflicting judgments; DPP sanction.
 19 July 2018
Uganda v Mayengo & Ors (Criminal Sessions Case No. 0162 of 2017) [2018] UGHCCRD 148 (13 July 2018)
Eyewitness identification and conduct at the scene established A1 as a direct perpetrator and A4 as an aider and abettor of murder.
Criminal law – Murder – Proof of death and cause – malice aforethought inferred from prolonged, targeted assault; Identification – visual ID under favourable conditions; Aiding and abetting – brandishing weapon and interrogation as substantial assistance; Age determination – reliability of documentary evidence for juvenile status; Sentencing – differentiation by degree of culpability and deduction for remand.
 13 July 2018
Uganda v Ssemwanga (Criminal Sessions Case No. 0065 of 2015) [2018] UGHCCRD 147 (12 July 2018)
Conviction for aggravated defilement proved by victim, medical and corroborative evidence; sentenced to 12 years 5 months imprisonment.
Criminal law – Aggravated defilement – Elements: age of victim, disability, sexual act, and identification; corroboration required where witness/victim has mental limitations; reliability of visual identification; sentencing guidelines and deduction of remand time.
 12 July 2018
Uganda v Kavuma (Criminal Sessions Case No. 0819 of 2016) [2018] UGHCCRD 145 (4 July 2018)
The accused, a teacher, was convicted of aggravated defilement of a girl under 14; sentenced to 15 years 4 months imprisonment.
Criminal law – Aggravated defilement – elements: age of victim, sexual penetration, person in authority, identity of perpetrator. Evidence – single identifying witness: dangers, safeguards and corroboration. Evidence – weight of medical opinion and contemporaneous complaints. Statutory interpretation – "person in authority" in teacher–pupil relationship extends for protection of the child. Sentencing – application of sentencing guidelines, aggravating and mitigating factors, and remand set-off.
 4 July 2018
Uganda v Twayigize (Criminal Sessions Case No. 0410 of 2014) [2018] UGHCCRD 146 (4 July 2018)
Accused convicted of aggravated defilement of an 11‑year‑old; sentenced to 9 years 10 months after remand set‑off.
Criminal law – Aggravated defilement – Proof of age: medical/dentition evidence admissible and persuasive. Criminal law – Sexual offences – Proof of penetration: medical findings and eyewitness corroboration sufficient. Identification – Proximity and opportunity to identify the accused in daylight. Sentencing – Death penalty reserved for truly extreme/life‑threatening cases; guidelines starting point and mitigation; mandatory set‑off for remand time.
 4 July 2018