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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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7 judgments
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December 2020
Oduka v Uganda (Criminal Revision 33 of 2020) [2020] UGHCCRD 154 (30 December 2020)
Conviction based on an equivocal guilty plea and mismatched facts was quashed; sentence set aside and appellant released.
Criminal procedure – plea of guilty – plea must be an unequivocal admission of all essential elements – magistrate must explain ingredients of offence and record accused's admissions – inconsistency between particulars and brief facts invalidates plea – conviction and sentence quashed for irregular proceedings.
 30 December 2020
Uganda V Maj. Babumba Joel and Anor (Criminal Revision 454 of 2020) [2020] UGHCCRD 145 (30 December 2020)
Court imposed 20‑year terms each for two murder convictions, declining death sentence due to mitigating factors and reform prospects.
Criminal law – Murder – Sentence – Whether to impose death or custodial sentence – Mitigating factors (age, first‑offender status, prospects of reform) – Remand credit in sentencing.
 30 December 2020
Uganda v Gidudu and Another (Criminal Session 38 of 2017) [2020] UGHCCRD 161 (18 December 2020)
Reliable identification required for conviction; one accused acquitted for weak ID, the other convicted, sentenced, and ordered to pay compensation.
Criminal law – Aggravated robbery – elements: theft, violence/threat, possession of deadly weapon, and participation. Evidence – identification: caution required where case depends on single identifying witness; consider opportunity to observe, light, familiarity, duration and consistency of statements. Defence – alibi: burden remains on Prosecution to displace alibi. Sentence – custodial term, remand credit, statutory compensation and post-release police supervision.
 18 December 2020
Uganda v Wanda Ronald (Criminal Revision HCT-00-CR-CV-CO 179 of 2020) [2020] UGHCCRD 149 (16 December 2020)
Accused’s dragging and driving over the victim established unlawful killing with malice aforethought.
Criminal law – Murder – Elements: proof of death, unlawfulness and malice aforethought; proof by eyewitnesses and post‑mortem; accident as defence; malice inferred from nature and extent of injuries and accused’s conduct; flight from scene as indicium of guilt.
 16 December 2020
Ndagirimana Blesson v Uganda (HCT-00-CR-SC 380 of 2020) [2020] UGHCCRD 152 (15 December 2020)
Applicant charged with aggravated defilement granted bail subject to bond, sureties and monthly reporting.
Bail — Application under Trial on Indictments Act and Article 23(b) — Considerations: risk of absconding, interference with evidence, fixed abode, substantial sureties — Bail granted with cash bond and surety bonds, monthly reporting requirement.
 15 December 2020
Uganda v Kakiri alias Kakidi (Criminal Session 70 of 2017) [2020] UGHCCRD 159 (10 December 2020)
Court convicted the accused of aggravated defilement, finding the prosecution proved act, age and identity and sentenced him to 14 years (9 years 11 months remaining).
Criminal law – Aggravated defilement – Elements: sexual act, victim under 14, identity of accused – proof beyond reasonable doubt; corroboration by victim, guardian and medical report. Evidence – child testimony and corroboration by grandmother and medical examination. Sentencing – aggravating v. mitigating factors; remand credit.
 10 December 2020
Uganda v Karenge (Criminal Session 292 of 2016) [2020] UGHCCRD 160 (4 December 2020)
Accused convicted of rape: identity and lack of consent proven; sentenced to 20 years imprisonment after remand credit.
Criminal law – Rape – Elements: carnal knowledge, lack of consent, participation – Medical PF3A and signs of struggle as corroboration – Identification evidence (multiple witnesses, lighting, naming, phone link) – Alibi contradictions – HIV status and prolonged detention of victim as aggravating factors – Sentence with remission for remand.
 4 December 2020