It refers to the condition of being exempt from some liability. Instances of immunity include;
Presidential Immunity.
The President of the Republic of Uganda under Article 98 (4) of the Constitution cannot be arrested, tried for an alleged offense he or she commits while he or she is President.
Under 98 (5) criminal proceedings may be instituted against a person after ceasing to be President.
Also Read: Actus Reus
Diplomatic immunity.
Section 1 the Diplomatic Privileges Act Cap 201 provides for applications of Articles 22, 23, 24, and 27 to 40 of the Vienna Convention, which has the force of law in Uganda. Under Article 31 (1) of the convention, a diplomatic agent enjoy immunity from criminal jurisdiction.
The diplomat must have committed the offence in the course of performing his duty.
However, when he commits the offence while not in on his duty, he can be declared persona non grata (That the body should leave the country). In which case, he or she is given a period in which he or should leave Uganda.
The categories of persons protected include; Ambassadors, High Commissioners, Aids of International Organizations, staff of the Embassies, and High Commissions.
In case of a serious offense, diplomatic immunity can be waived only by the accredited diplomatic agent of his or her country.
Judicial Immunity.
Under Section 13 of the PCA a Judicial officers officer is not criminally responsible for anything done or omitted to be done by him or her in the exercise of his or her judicial functions, although the act is done is more than or her judicial authority or although he or she is bound to do the act omitted to be done.
Oddo v Republic [1970] 1 EA 254.
discusses who is a judicial officer. In that case, the appellant, in this case, was charged with the wrongful confinement of one Ahmed Mohamed by having him placed in the Primary Court lock-up for 3 days.
In his memorandum of appeal, the appellant argued that as a Divisional Executive Officer and Justice of the Peace he was entitled to confine Ahmed in the absence of the magistrate.
It was held that a justice of the peace does act as a judicial officer. In others, his functions are executive rather than judicial. In this case, involving the arrest of an alleged offender without a warrant, his functions are executive rather than judicial, and accordingly, the immunity provided is not available to him.
Defense of Alibi
An alibi is a defense to a crime by demonstrating that the defendant was not in the place where an alleged offense took place.
Unlike many other defenses that are meant to justify criminal activity, an alibi defense is evidentiary and meant to show that the defendant is innocent because he could not have possibly committed the alleged actions.
Accused has the duty of raising the defense but has no duty of proving it.
The prosecution bears the duty of destroying the defense by putting the accused at the scene of the crime at the time the offense was being committed.
Also Read: Inchoate/Preliminary Offences.