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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.
Visit website
https://judiciary.go.ug/data/smenu/13/Criminal%20Division.html
9 judgments
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9 judgments
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May 2019
Uganda v Kakande Alias Ojara (Criminal Sessions Case No. 273 of 2015) [2019] UGHCCRD 30 (30 May 2019)
Accused convicted of aggravated defilement of a 14‑year‑old and sentenced to life imprisonment for exposing her while HIV positive.
Criminal law – Aggravated defilement: proof of victim’s age, proof of sexual act (medical and pregnancy evidence), identification evidence and credibility, proof of accused’s HIV status (post‑incident positive test and window period inference), sentencing (application of guidelines and aggravating factor of known HIV status).
 30 May 2019
Uganda v Angura (HCT – 00 – CR – SC – 1115 OF 2016) [2019] UGHCCRD 38 (21 May 2019)
21 May 2019
Uganda v Semamba (HCT – 00 – CR – SC – 1327 OF 2016) [2019] UGHCCRD 34 (21 May 2019)
21 May 2019
Uganda v Gwafa & Ors (HCT – 01 – CR – SC – 31 – 2018) [2019] UGHCCRD 15 (14 May 2019)
14 May 2019
Uganda v Tumwine & Ors (HCT – 01 – CR – SC – 61 – 2016) [2019] UGHCCRD 20 (14 May 2019)
Whether the prosecution proved murder beyond reasonable doubt and whether the accused's confession was voluntary.
Criminal law – Murder: elements of unlawful death and malice aforethought; admissibility and voluntariness of charge and caution/confession statement; identification and placing accused at scene; standard of proof beyond reasonable doubt; use of post-mortem and witness evidence; allegation of torture considered and rejected.
 14 May 2019
Uganda v Twikirize & Anor (HCT – 01 – CR – SC – 0153/2016) [2019] UGHCCRD 21 (14 May 2019)
Accused convicted of murder where trained sniffer‑dog tracking, post‑mortem and corroboration proved guilt beyond reasonable doubt.
Criminal law – Murder: elements (death, unlawfulness, malice aforethought, identification). Evidence – Tracker/sniffer dog: admissibility, required proof of handler training, dog's reliability and weight to be given. Evidence – Circumstantial and corroborative evidence: preservation of scene, witness accounts and tracking evidence forming chain. Evidence – Non‑exhibition of physical exhibits: effect where exhibits submitted for forensic analysis and recovery is testified to. Defence – Alibi: insufficiency where uncorroborated.
 14 May 2019
Uganda v Kusemererwa & Ors (HCT – 01 – CR – SC – 0065/2015) [2019] UGHCCRD 16 (13 May 2019)
A co-accused’s confession, corroborated by witnesses and post-mortem evidence, supported conviction for murder.
Criminal law – Murder – Ingredients: death, unlawfulness, malice aforethought, participation; Standard of proof – beyond reasonable doubt; Evidence – admissibility and weight of confession by co-accused (s.132 Evidence Act); Post-mortem evidence admissible under Trial on Indictment Act s.66; Credibility and rejection of alibi and denials.
 13 May 2019
Uganda v Monday (HCT – 01 – CR- CS – 0022 OF 2017) [2019] UGHCCRD 18 (9 May 2019)
Accused convicted of murder on circumstantial evidence proving unlawful killings and malice aforethought.
Criminal law – Murder – Elements: death, unlawful killing, malice aforethought, participation; Circumstantial evidence – sufficiency and exclusion of reasonable alternative hypotheses; Conduct after offence (deception, failure to report, concealment) as inferential evidence of guilt.
 9 May 2019
Uganda v Mazinga (HCT – 01 – CR – SC – 0094 OF 2017) [2019] UGHCCRD 17 (8 May 2019)
Conviction for murder upheld on reliable single‑witness identification and corroborative circumstantial and medical evidence.
Criminal law – Murder – Elements of murder (death, unlawful causation, malice aforethought, identification of accused) – Identification evidence – Single identifying witness – special caution – corroboration by circumstantial evidence and post‑mortem findings – Alibi and inconsistencies.
 8 May 2019