HC: Criminal Division (Uganda)

Private prosecution—revision—allegations of forgery and uttering false documents by advocates—trial magistrate failed to consult local chief adequately and lacked basis for prima facie case—irregular charge sheet not signed by magistrate—Chief Magistrate’s order quashed

Criminal Law—Sentencing—wildlife trafficking—plea of guilty—failure to allow cross-examination—remand time not mathematically deducted—right to fair trial—Magistrates Courts Act, s.133—custodial sentence justified—sentence revised on appeal

Criminal Law—Obtaining registration by false pretences—Section 292 Penal Code Act—land transfer by elderly stroke victim—gift deed as license—medical and registry evidence not properly adduced—defective prosecution—contradictory defence evidence—failure to prove inducement beyond reasonable doubt—conviction quashed—fine refunded

Bail—mandatory bail—prolonged detention without trial—over 4 years' detention—jurisdiction of military courts—civilian before General Court Martial—abuse of process—application of Article 23(6)(c) Constitution—mandatory grant of bail—terms and conditions of release.

Criminal law—bail—treason—misprision of treason—advanced age—substantial sureties—fixed place of abode—exceptional circumstances—pending charges—interference with investigations—discretion—national security—denial of bail

Criminal law—private prosecution—insulting the modesty of a woman—jurisdiction—freedom of expression—prima facie case—revision—stay of proceedings—role of the magistrate—constitutional protections—abuse of process

Bail pending appeal—jurisdiction—military court—civilian convict—constitutional safeguards—Supreme Court ruling—Kabaziguruka doctrine—legislative lacuna—equitable jurisdiction—substantial delay—likelihood of success—exceptional circumstances—bail granted

Bail application—presumption of innocence—exceptional circumstances—grave illness—advanced age—substantial sureties—flight risk—pending trial—discretion of court—public interest

Criminal Law—plea bargaining—right to a fair trial—illiterate accused—legal representation—miscarriage of justice—revisionary powers of the High Court—illegalities and procedural irregularities—failure to deduct remand period—excessive sentencing—court’s duty to safeguard accused persons’ rights—quashing of conviction and sentence—immediate release of applicants

Murder—conviction—missing court and police files—retrial order—corruption allegations—right to a fair trial—delay in prosecution—Human Rights Enforcement Act—denial of application—justice for victims

Mandatory bail—applicant detained for over six months without committal—Article 23(6)(c) of the Constitution—prolonged detention without trial—subsequent committal did not cure procedural defect—no prior criminal record—bail granted with conditions

Criminal appeal—Computer Misuse Act—electronic fraud—false Facebook account—deception—unlawful gain—circumstantial evidence—fair trial rights—adequate time for defense—disclosure—non-calling of material witness (Vice President Jessica Alupo)—custodial sentence—fine discretion—remand deduction—aggravating factors—deterrence—sentence revision—procedural fairness.

Criminal revision—supervisory powers of the High Court—concurrent divorce and criminal proceedings—overlap of subject matter—divorce and forgery allegations—prejudice and fair trial—exceptional circumstances—judicial discretion—competing considerations

Bail application—Criminal Procedure Code—constitutional rights—presumption of innocence—public interest—conditional bail—compliance with Court Orders

Fraudulent plea bargain agreement—misrepresentation of facts—prosecutorial impropriety—charge amendment from Murder to Manslaughter—procedural irregularity—judicial review—quashing of plea bargain agreement—retrial ordered—costs

Criminal Law—bail—cancellation—right to fair hearing—proof of breach of bail conditions—natural justice—Constitution Article 28 and 44(c)—reinstatement of bail—costs.

Private prosecution – procedural defects – DPP's authority – withdrawal of criminal cases – abuse of court process – public interest – administration of justice