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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
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April 2019
Lugomba & Ors v Uganda (Criminal Misc. Application No. 025 of 2018) [2019] UGHCCRD 23 (29 April 2019)
Convicted first offenders may obtain bail pending appeal where offences are non-violent, appeal may be delayed, and sureties are adequate.
Criminal procedure – Bail pending appeal – Applicable provisions: Section 205 Magistrates Courts Act and Section 40(2) Criminal Procedure Code – Discretionary factors: character, first offender status, non-violent offence, prospects of appeal, risk of delay and absconding – Grant of bail subject to cash and surety bonds and periodic reporting.
 29 April 2019
Twedede & Anor v Uganda (Consolidated Criminal Miscellaneous Application No. 0008 And 0009 of 2018) [2019] UGHCCRD 22 (29 April 2019)
Court grants bail to one murder accused with sufficient sureties and denies bail to co-accused for inadequate sureties.
Criminal procedure – Bail pending trial – Right to bail under Article 23(6)(a) and Trial on Indictment Act – Judicial discretion – Sufficiency and proximity of sureties – Seriousness of offence not an absolute bar to bail.
 29 April 2019
Ntale v Uganda (Criminal Misc. Application No. 20 of 2018) [2019] UGHCCRD 24 (25 April 2019)
Applicant charged with aggravated defilement granted bail on stringent surety and reporting conditions despite seriousness of offence.
Criminal procedure – Bail under Article 23(6)(a) – aggravated defilement – presumption of innocence – sufficiency of sureties – length of remand and reporting conditions – stringent conditions to guard against absconding.
 25 April 2019
Uganda v Mugisha & Ors (HCT – 01 – CR – CS – 126 OF 2015) [2019] UGHCCRD 414 (5 April 2019)
Failure to produce key witnesses and corroborating evidence led to acquittal of accused charged with murder.
Criminal law – Murder – Insufficiency of evidence and identification – Hearsay and failure to call investigating police or officer – No case to answer (s.73(1) Trial on Indictment Act) – Effect of co-accused's guilty plea on co-accused.
 5 April 2019
Uganda v Ssekitoleko & Ors (Criminal Session No.18 of 2018) [2019] UGHCCRD 62 (2 April 2019)
Prosecution proved aggravated robbery on two counts; accused acquitted on the remaining robbery and attempted rape counts.
Criminal law – Aggravated robbery – Elements: theft, violence, use or threat of deadly weapon, participation; Identification evidence – reliability and corroboration; Alibi – requirement for corroboration; Acquittal where complainant fails to testify; Sentencing – mitigation, aggravation and remand credit.
 2 April 2019