HC: Criminal Division (Uganda) - 2018 September

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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) Whether the prosecution proved beyond reasonable doubt that one accused's assault caused the deceased's death and warranted murder conviction. Criminal law – Murder – Elements: death, unlawful killing, malice aforethought, participation – Evidence: post‑mortem and eyewitnesses – Conviction of one accused, acquittal of others – Remand credit applied	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) Court convicted accused of aggravated robbery despite an improper identification parade, relying on contemporaneous and circumstantial evidence. Criminal law – Aggravated robbery – Proof beyond reasonable doubt – Identification evidence and improperly conducted identification parade – Contemporaneous identification and circumstantial evidence – Deadly weapon (knife) – Assessors’ opinion not binding – Remand credit on sentencing	19 September 2018
Uganda v Kayemba Ronald (Criminal Session No. 41 of 2018) [2018] UGHCCRD 233 (18 September 2018) Court convicted accused of rape on victim testimony and PF3, finding reliable identification and imposing 17 years minus remand credit. Criminal law – Rape – Unlawful sexual intercourse without consent – Single-witness identification at night – Medical PF3 corroboration – Vulnerable elderly, deaf and mute victim – Sentence with remand credit	18 September 2018
Uganda v Museemya Steven (Criminal Session Case No. 129 of 2016) [2018] UGHCCRD 238 (18 September 2018) Whether the prosecution proved the respondent committed rape without consent, focusing on identification and medical corroboration. Criminal law – Rape – elements: unlawful sexual intercourse, lack of consent; identification at night (familiarity, voice, lighting, proximity); medical corroboration of forced penetration; sentencing and remand credit	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 where medical and testimonial evidence did not prove participation. Criminal law – Aggravated defilement – Prima facie case required before calling accused to defence – Burden of proof remains on prosecution – Weight of PF3A/medical evidence – Child witness evidence	3 September 2018