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.
3 judgments
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3 judgments
Citation
Judgment date
November 2021
17 November 2021
Bail refused where trial had commenced, applicant failed to show exceptional circumstances and sureties were inadequate given his office.
* Criminal procedure – Bail – Discretion under section 14(1) Trial on Indictments Act – Exceptional circumstances not mandatory but relevant. * Bail – Factors – commencement of trial and testimony of witnesses, risk of over-detention. * Bail – Sureties – adequacy depends on capacity to control accused; status of sureties relative to accused relevant. * Constitutional law – Right to personal liberty and presumption of innocence balanced against public interest in prosecution of serious offences (murder).
11 November 2021
Appellants’ convictions for nighttime arson upheld: identification reliable, contradictions minor, sentence not excessive.
Criminal law – Arson – proof of building destroyed by fire and willful participation; Identification – eyewitness identification at night, factors (familiarity, light, proximity, duration); Contradictions – minor inconsistencies not necessarily fatal; Alibi – prosecution's burden to disprove; Sentence – appellate interference only if illegal, wrong principle, or manifestly excessive.
5 November 2021