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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.
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https://judiciary.go.ug/data/smenu/13/Criminal%20Division.html
9 judgments
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9 judgments
Citation
Judgment date
September 2018
Mbogo Muhammed V Uganda (High Court Criminal Revision No. 0008 of 2018) [2018] UGHCCRD 230 (28 September 2018)
Proceedings before a magistrate without jurisdiction for life-imprisonment offences are null and must be quashed and retried.
Criminal procedure – jurisdiction of magistrates – S.161 Magistrates Courts Act – Grade I Magistrate cannot try offences with maximum penalty of life imprisonment; proceedings in a court without jurisdiction are null and quashed. High Court revision powers – S.50 Criminal Procedure Code; S.51 discretion to hear parties. Remedy – retrial before a competent Chief Magistrate.
 28 September 2018
Uganda v L.R (Criminal Sessions Case No. 175 of 2017) [2018] UGHCCRD 179 (26 September 2018)
26 September 2018
Uganda v Lindiro & Ors (Criminal Session No. 192 of 2018) [2018] UGHCCRD 235 (24 September 2018)
Second accused convicted of murder; first and third acquitted; sentence of 20 years reduced for remand to 17 years 6 months 6 days.
Criminal law – Murder – proof of death and unlawful killing; malice aforethought inferred from injuries and conduct; evidential sufficiency for participation of co-accused; conviction of one accused and acquittal of others; sentencing with remand deduction.
 24 September 2018
Uganda v Oyoo & Ors (Criminal Sessions Case No. 251 of 2017) [2018] UGHCCRD 180 (24 September 2018)
Criminal law
 24 September 2018
Uganda v Kalyesubula & Ors (Criminal Session No. 61 of 2017) [2018] UGHCCRD 232 (19 September 2018)
The accused were convicted of aggravated robbery despite an imperfect identification parade, with circumstantial evidence and remand credit informing a 16.5-year sentence.
Criminal law – Aggravated robbery – elements: theft, actual violence or threat, deadly weapon, participation. Identification – contemporaneous identification and description; procedural defects in identification parade; reliance on circumstantial and corroborative evidence. Trial procedure – assessors’ opinion not binding on judge. Sentencing – balancing aggravating factors (use of knives, need for deterrence) and mitigating factors (first offenders, youth, remand credit); remand time credited.
 19 September 2018
Uganda v Kayemba Ronald (Criminal Session No. 41 of 2018) [2018] UGHCCRD 233 (18 September 2018)
Accused convicted of rape; identification and lack of consent proved, sentenced to 14 years 7 months 18 days effective imprisonment.
Rape — proof of unlawful sexual intercourse and lack of consent; single-witness identification — caution and reliability factors; medical evidence (PF3A) corroboration; sentencing — aggravating (victim vulnerability, use of force) and mitigating (first offender, remand credit).
 18 September 2018
Uganda v Museemya Steven (Criminal Session Case No. 129 of 2016) [2018] UGHCCRD 238 (18 September 2018)
Conviction for rape upheld where victim identification and medical and witness corroboration proved non‑consensual intercourse.
Criminal law – Rape – elements: unlawful sexual intercourse, lack of consent; Identification in night-time offences – familiarity, voice, moonlight, proximity and duration; Corroboration – medical PF3A evidence of genital tears; Sentencing – aggravating (elderly victim, violence) and mitigating factors (first offender, remand deduction).
 18 September 2018
Uganda v Alimocan (Criminal Sessions Case No. 0114 of 2018) [2018] UGHCCRD 181 (6 September 2018)
Criminal law
 6 September 2018
Uganda v Suuna Badru (Criminal Session Case No. 203 of 2016) [2018] UGHCCRD 239 (3 September 2018)
Prosecution failed to establish a prima facie case of aggravated defilement; accused acquitted.
Criminal law – Aggravated defilement – Ingredients of offence – sexual act, victim under 14, accused's participation – requirement to prove each element. Evidence – Prima facie threshold at preliminary stage – prosecution must adduce credible evidence of essential elements before calling accused to defence. Medical evidence – PF3A showing no injuries/intact hymen relevant to assessment of prima facie case. Burden and standard of proof – prosecution bears burden; prima facie lower than beyond reasonable doubt but must be more than a scintilla of evidence.
 3 September 2018