UBUSHINJACYAHA v. UWIRAGIYE
The defendant did not have a qualifying mental illness at the time of the offence, as confirmed by expert medical reports; his impairment was due to voluntary drug use, which does not exempt criminal liability. The facts and evidence support reclassifying the charge from trafficking to possession and use, as the quantity was small and there was insufficient proof of intent to distribute. The appropriate sentence is two years' imprisonment, which the defendant has already served, warranting his immediate release.
Source excerpt
- Drug offences
- Mental incapacity
- Sentencing
- Change of charge