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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
11 judgments
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11 judgments
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February 2023
Adiga and Another v Uganda (Criminal Appeal No. 8 of 2022) [2023] UGHCCRD 6 (27 February 2023)
A guilty plea recorded without required safeguards is unsafe, leading to quashing of conviction and retrial.
Criminal procedure – Plea of guilty – Adan v Republic safeguards – language of accused, explanation of essential ingredients, plea recorded in accused’s words; statement of facts must precede conviction; defective plea-taking renders conviction unsafe; retrial ordered.
 27 February 2023
Onebe v Uganda (Criminal Miscellaneous Application 68 of 2022) [2023] UGHCCRD 77 (27 February 2023)
27 February 2023
Uganda v Adongpiny (Criminal Revision Application No. 1 of 2023) [2023] UGHCCRD 4 (23 February 2023)
23 February 2023
Uganda v Kirabo and Another (Criminal Session 321 of 2019) [2023] UGHCCRD 14 (23 February 2023)
Prosecution proved kidnapping and ransom motive, but two accused acquitted for lack of evidence of their participation and honest mistake.
* Criminal law – Kidnapping with intent to procure ransom – essential elements: unlawful taking, force/fraud/coercion, intent to obtain ransom, and participation by accused. * Evidence – deception of a child (promise of sweets) establishes lack of consent. * Evidence – ransom demand calls and threats can establish intent to ransom even if no payment is proved. * Defence – section 9(1) honest and reasonable mistake negates criminal responsibility where accused honestly believed in a state of things that renders the act lawful. * Burden – conviction depends on strength of prosecution case and proof of participation, not merely weaknesses in the defence.
 23 February 2023
Mbaya Kabongo v Uganda (Criminal Appeal 52 of 2022) [2023] UGHCCRD 70 (17 February 2023)
17 February 2023
Mbaya v Uganda (Criminal Appeal 52 of 2022) [2023] UGHCCRD 73 (17 February 2023)
17 February 2023
Kaddu and Another v Uganda (Criminal Revision Cause 4 of 2022) [2023] UGHCCRD 42 (13 February 2023)
The High Court transferred and stayed criminal proceedings arising from a land dispute pending determination of the related civil suit.
Criminal procedure – Revision – limits of High Court’s revision power; Venue and territorial jurisdiction of magistrates’ courts; Stay of criminal proceedings under Section 209 Magistrates’ Courts Act where issues are directly and substantially in issue in pending civil suit; Abuse of court process in concurrent civil and criminal proceedings arising from land disputes.
 13 February 2023
Uganda v Semakula (HCT-00-CR-SC 852 of 2020) [2023] UGHCCRD 169 (12 February 2023)
Accused convicted of murder where eyewitness identification and post‑mortem blunt force injuries proved malice aforethought.
Criminal law – Murder – Elements: death, unlawfulness, malice aforethought, participation; Identification evidence – single eyewitness at night – factors: lighting, proximity, familiarity, duration; Corroboration by post‑mortem injuries and weapon description; Inference of malice from nature of injury and conduct.
 12 February 2023
Angura and Others v Uganda (Miscellaneous Application 31 of 2022) [2023] UGHCCRD 37 (10 February 2023)
10 February 2023
Uganda v Byaruhanga (Criminal Appeal 12 of 2022) [2023] UGHCCRD 66 (10 February 2023)
10 February 2023
Uganda v Byaruhanga (Criminal Appeal 12 of 2022) [2023] UGHCCRD 84 (10 February 2023)
10 February 2023