Abey Mudalali v. Attorney-General – sllr 2005 volume 2 page 162

Brief
In the case between Abey Mudalali (appellant) and the Attorney-General (respondent), the court addressed whether a plea of drunkenness under section 79 of the Penal Code could reduce a murder conviction to culpable homicide not amounting to murder. The findings established that the burden lies on the accused, under the applicable evidentiary standards, to prove on the balance of probability that the degree of intoxication prevented the formation of murderous intent. It was determined that, in the present case, the evidence did not support the application of this defense, nor was the defense of grave and sudden provocation substantiated. The conviction and death sentence for murder were accordingly affirmed, reinforcing the principle that claims of intoxication as a defense must be cl