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.
12 judgments
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12 judgments
Citation
Judgment date
April 2023
Court granted bail for an accused indicted for aggravated defilement, exercising discretion despite no proven exceptional circumstances.
Bail — Indictable offences — Trial on Indictments Act ss.14–15 — ‘Exceptional circumstances’ required for refusal — Judicial discretion to grant bail — Bail Guidelines (2021) considerations (gravity of offence, residence, sureties, medical condition, risk of interference/abscondment).
28 April 2023
Court granted bail for aggravated defilement charge, exercising discretion despite no proven exceptional circumstances, with strict bond and reporting conditions.
Criminal law – Bail – Aggravated defilement – Trial on Indictments Act ss.14,15 – "Exceptional circumstances" requirement – Judicial discretion to grant bail absent exceptional circumstances – Sufficiency of sureties and reporting conditions.
28 April 2023
25 April 2023

Murder—burden of proof—presumption of innocence—malice aforethought—call data evidence—retracted confession—police procedural errors—torture allegations—lack of direct evidence—acquittal

24 April 2023
17 April 2023
Accused acquitted where theft and violence were proved but participation was not; investigation and prosecutorial sanction condemned.
Criminal law – Aggravated robbery – Prima facie case under Section 73 TIA – Ingredients: theft, violence/deadly weapon, participation/common intention – Insufficiency of investigation and reliance on community suspicion – Committal and prosecutorial sanctioning criticized – Investigation of investigating officer ordered.
17 April 2023
Circumstantial and forensic evidence established intent and participation, convicting the accused of two counts of murder.
Criminal law – Murder – Elements: death, unlawfulness, malice aforethought, participation; Forensic evidence – asphyxia by strangulation; Circumstantial evidence – standards for inferring guilt; Inference of intent from mode of killing and post‑offence conduct; Credibility and rejection of alibi.
13 April 2023
Circumstantial and forensic evidence proved beyond reasonable doubt that the accused intentionally strangled two victims and was convicted of murder.
Criminal law – Murder (ss.188–189 PCA) – elements: death, unlawfulness, malice aforethought, participation; Circumstantial evidence – sufficiency and inferences; Forensic evidence – strangulation/asphyxia; Evidence of presence, possession of victim's property, and conduct before/after offence.
13 April 2023
13 April 2023
13 April 2023
5 April 2023
5 April 2023