Uganda Christian University School of Law Criminal Law Course
THE UGANDA CHRISTIAN UNIVERSITY MUKONO
THE FACULTY OF LAW
- About the fundamentals of criminal law
This course is the foundation for the study of criminal law. Criminal law is a foundation course which must be appreciated and understood by every lawyer and law student. Therefore it is imperative that as a student each of you takes this course extremely serious.
This course is introductory as it prepares the student for the later course in criminal liability. If a student does not fully comprehend the fundamentals of criminal law then he or she shall find it difficult to understand the criminal liability in the next semester.
This course shall cover the basics of criminal law. It shall cover the laws governing criminal law and the ingredients of a crime. The details are highlighted in the reading list.
- Mode of conducting the lectures
It is understood that as students, most of you are making a transition from secondary school and are therefore used to a teaching setting where notes are dictated to you while you note down the same. However, this shall not be the case in this class. Law school is intended to teach you the law and how to think like a lawyer. The profession of the law is predominantly one based on analytical thinking and reasoning.
Therefore, this class shall be conducted in such a way that shall illuminate your mind and provoke the students to engage in critical thinking and reasoning in addition to studying the principles of the law.
This reading list shall state the topics to be covered during the semester and the cases that MUST be read by each student at the time they are assigned to either the class or to a particular student.
All the cases on the reading list shall be availed to the students and no excuses shall be entertained for not reading. We shall discuss the principles of law and the cases during the lectures.
ATTENDANCE and GRADING
Attendance of class shall be mandatory save for a valid reason for nonattendance which must be communicated to the class president prior to the class. A roll call shall be conducted at the beginning of each class and the same shall be used in evaluating the attendance at the end of the semester.
There shall be a course work test which shall be administered during the semester and marked out of 30%. For avoidance of doubt, the coursework test shall be a closed book test that shall be written in the class within the firsts 6 weeks of the semester.
The final exam at the end of the semester shall be marked out of 70%. Instructions in respect to this exam shall be communicated.
- Reading materials
The following are the reading materials for the course.
- The 1995 Constitution of the Republic of Uganda
- The Penal Code Act, Chapter 120 of the laws of Uganda
- Cases as provided in the compendium of cases provided by the lecturer
- Other text books
- Baird, Norman: 0 & A Series, Criminal Law, London,. Cavendish 1999.
- Collingwood: Criminal Law in East and Central Africa; Lagos African University, 1967,
- Smith and Hogan: Criminal Law, International Student Edition, Ninth Edition, Buttterworths, 1999.
Please note that these text books are available in the library and shall not be availed.
GOOD LUCK
“I’m convinced that about half of what separates the successful people from the non-successful ones is pure perseverance”
Steve Jobs, Co-founder of Apple Inc.
(1955-2011)
The course outline
Please note that this course outline is not exhaustive. It will be revised from time to time.
- Fundamentals of criminal law
- Criminal law as a branch of law.
- The purpose of criminal law.
- Sources of criminal law
- Criminal law and morality
- The criminal process
- The role of the criminal victim (Complainant)
- The suspect v. accused
- Criminal investigations and the role of the police
- The prosecutor’s role in the criminal case
- How to read and understand a criminal case
- Legal reasoning in judicial decisions
Cases to read:
Gichina V. Republic [1970] 1 EA 105
Shaw v DPP [1961] 2 ALL ER 446
- The constitution and the implementation of criminal law
- Innocence and guilt of a suspect
- The role of the court in criminal proceedings
- The right to a fair hearing
- The burden of proof in criminal cases
Cases to Read:
- Ntavoba and Anor v. Republic [1976-1985] EA 433
- Kigula and Anor v AG [2005] 1 EA 132
- Republic v Surbodinate Court of the first class magistrate at City Hall, Nairobi and another exparte Yougindar Pall Sennik and another Retread Limited
[2006] 1 EA 330 (HCK)
- The concept of a crime
- The elements of the crime
- Parties to a crime
Cases to read:
Besigensi v. Uganda [2005] 2 EA 37
Butiti (Masenu) v. Republic [1967] EA 382
Kibale V. Uganda 1 EA 148 (SCU)
- Actus Reus
- What is an act
- When does failure to act constitute a crime?
- Possession as a criminal act
- Status as a criminal act
Cases to Read
Mboi v. R [1962] EA 780
Kigozi v. R [1958] EA 1
Mohammed v. Republic [1973] EA 238
Bukenya and Anor v Uganda [2007] EA 348
Uganda v. Omong [1974] EA 459
- Mens Rea
- Concurrence of an act an intent
- General and specific intent
- Why should the intent be proved?
Cases to read
Yusuf v Republic [1974] EA 501
Uganda v. Rukwandura [1973] EA 574
Magayi v. Uganda [1965] EA 667
Menezes v. Republic [1975] EA 209
Katimba v. Uganda [1967] EA 363
- The burden and standard of proof
- The burden of proof
- The standard of proof of the crime
Cases to read
Woolmington v. DPP [1935] AC 462
Semufukwe and Others v. Republic [1967-1985] EA 536
- Parties in a criminal case
- The victim/complainant
- The state (prosecution)
- The accused
- Joint offenders
- Accessories after the fact
Cases to read:
Njani v Republic [1970] EA 260
Shah (Zaverchad Hemraj) V. R [1960] EA 562
Uganda V. Kolokole [1972] EA 313
R v. Thorley [1962] 3 ALL ER 583, CCA
R v. Rook [1993] 2 ALL ER 955
- Recklessness as a factor of criminal law
Cases to Read:
R v. Paramenter [1991] 4 ALL ER 698
R v. Spratt [1991] 2 ALL ER 210
R v. Venna [1975] 3 ALL ER 788
- Negligence as a factor of criminal law
Cases to Read:
Gitau and another v. Republic [1967] 1 EA 449
- Inchoate offences
- Attempt
- Solicitation as an offence
- Conspiracy to commit a crime
Cases to Read:
R v. Jones (Kenneth) [1990] 3 ALL ER 886
R v. Mohan [1975] 2 ALL ER 193
Cheruiyot v Republic [1976-1985] EA 47
Gitau v. Republic [1967] EA 449
- White collar crime
- An analysis of white collar crime in Uganda
- Criminal responsibility and Defences
- Defences asserting lack of capacity to commit the crime – Diminished responsibility
- Insanity
- Automatism
- Intoxication
- Infancy/immaturity
Cases to read:
Rukarekoha v Uganda [1999] 1 EA 303
Ogwang V Uganda [1999] 2 EA 254
Oyugi v. R [1959] EA 322
Kimani v. Republic [2000] 2 EA 417
Philibert v Republic [1976-1985] EA 477
Bratty v A-G for North Ireland [1961] 3 ALL ER 523
R v. Burgress [1991] 2 ALL ER 769
Sodeman v. R [1959] 3 ALL ER 418
Liundi v Republic [1967 -1985] EA 251
Kieti (Malungu) v. R [1959] EA 797
- Defences asserting excuse or justification
- Necessity
- Consent
- Mistake of Law
- Mistake of fact
- Alibi
- provocation
Cases to Read:
Mtaki (Doto) v. Republic [1959] EA 860
Musa v Republic [1970] EA 42
Katemi v Republic [1990 – 1994] EA 166
Kenga v Republic [1999] 1 EA 145
Haslett v. Republic [1967] EA 796
Masesi v Republic [1970] EA 102
Kibale v. Uganda [1999] 1 EA 148
- Defences justifying the Use of force
- Self defence
- Defence of others
- Defence of property
- Use of force by police
- Compulsion
Cases to read:
Josia v Republic [1972] EA 157
Zahura V Uganda [2005] 2 EA 358
Magayi (Dafasi) v Uganda [1965] EA 667
Ussi (Selemani) v. Republic [1963] EA 442
Mengi Manzi v R [1964] EA 289
- Defences based on constitutional and statutory authority
- Presidential pardon
- Amnesty
- Double jeopardy
- Diplomatic immunity
Cases to Read:
DPP v. Nasralla [1967] 2 ALL ER 161
Flatman v Light [1946] 2 ALL ER 368
R v Madan [1961] 1 All ER 588
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