Your Status: Logged out Log in

Provocation in murder cases  

Member rating: No Rating | Words: | Submitted: Tue Jun 20 2006

Page Preview
Preview
Previous 1 of 7 Next

On the left is an image preview of every page of this document, and below are the first 150 words with formatting removed:

As regards the stated question, the law applicable is provided for under the Judicature Statute No.13 of 1996 section 16 (2) which entails the application of written law, common law, customary law and the principles of justice equity and good conscience. In murder cases, liability arises when there is proof of actus reus and mens rea as provided for under Section 183 and 186 of the Penal Code. In Uganda v. Bosco Okello alias Anyanya, Justice Okello Said: "there is a presumption that a homicide is unlawful unless excused by law but the presumption can be rebutted by evidence of accident, or that it was permitted in the circumstances." Provocation is an excuse and not a justification. Whether there is provocation is a question of law-per Lord Lane C.J. in R.v. Newell Provocation according to Section 188 of the Penal Code of Uganda Cap.106 means any wrongful act or insult of such...

To see the full version of this document, and 145,328 others

Register Now