DEFENCES
According to professor Smith & Hogenia a defence is a set of circumstances which if established
negates criminal liability even though the accused committed the actus reus with the required
mens rea
In other words a defence is a legal arguments that reduces or eliminates criminal liability
Intoxication ( penal code Cap 128 sec.12)
This is a temporary state caused by alcohol or drugs that interferes with a persons ability to form
intent /mens rea or control their actions
Types of intoxication.
Ugandan law recognizes two main types of intoxication under section 12 of the penal code
Involuntary intoxication
This occurs when a person becomes intoxicated without knowing what they were doing or from
forming mens rea/ intent
For example in a scenario where an nurse got so drunk at the christening that she put the baby on
fire in a mistake for a log of wood
In the case of DPP Verses Smith the court held that for murder intent to kill or intent to cause
grievous bodily harm is sufficient but in this case if the defendant fore saw that death or serious
injury was virtually certain consequences of his action then that’s equivalent to intent
Voluntary intoxication
This is a situation where a person knowingly or willingly consumes alcohol to gain courage
before committing a crime for example a person consuming drugs with a main intention to gain
courage to commit murder. Voluntary intoxication can only be a defence if there is no intention
created
Voluntary intoxication and specific intent crimes these are crimes requiring intention beyond
the act itself for example murder, theft there must specific intent
In the case R v George 1960
The court acquitted George of robbery because his intoxication was such that he may not formed
the required specific intent
Voluntary intoxication and basic intent crime . basic intent offences requires only recklessness
such as assault, malicious damage etc and makes the intent complete
In the case of DPP V Majewski 1977
The house of the lord held that voluntary intoxication is never a defence for crimes of basic
intent . This is because getting drunk itself is a reckless act satisfying the mens rea for basic
intent crimes for specific intent crimes voluntary intoxication may reduce liability if prevents the
formation of specific intent
The legal principle here, specific intent crimes intention to bring about a particular consequence
beyond the act itself for example murder and robbery intoxication may reduce liability
Basic intent crime only recklessness or negligence is required for example assault,
manslaughter etc intoxication can not be used as a defence
DIMINISHED RESPONSIBILITY
Diminished Responsibility is a partial defence to murder that acknowledge that the defendant
committed the act but was suffering from a mental abnormality that substantially impaired his
capacity, to understand, reason or control themselves ( Penal Code section 177)
Elements / Requirements of diminished responsibility.
Abnormality of mind
There must be an abnormality of mind. This abnormality can arise from a condition of arrested
or retarded development of the mind or be induced by a disease or injury
Substantial impairment
The abnormality must have substantially impaired the person is mental responsibility for their
acts, omissions in committing the murder
Casual link. The abnormality of mind must be such that it explains the killing and must relate to
why the person performed the act.
Burden of proof. As noted, the defense has the burden to prove on a charge of murder that the
defendant was suffering from this abnormality
Results outcome. The defense is successful a special finding is made in the conviction is murder
but with diminished responsibility
In the case of Uganda versus that's Bagyenda & 2 others the High court held that No Special
finding or diminished responsibility. The judge concluded that's the defendant was mentally
sound at the time of The killing. The court rejected his defense of the ministry responsibility and
therefore he was convicted of murder
Legal principle. Depression alone is not sufficient for diminished responsibility