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Criminal Law Question Paper

Criminal Law

Course:Bachelor Of Laws

Institution: Kenyatta University question papers

Exam Year:2009

KENYATTA UNIVERSITY
UNIVERSITY EXAMINATIONS 2008/2009
SECOND SEMESTER EXAMINATION FOR THE DEGREE OF BACHELOR OF LAW
LPR 100: CRIMINAL LAW I

DATE: Monday 30th March, 2009 TIME: 9.00 a.m. – 11.00 a.m.
________________________________________
INSTRUCTIONS
Question 1 is compulsory and carries thirty marks, whilst all other questions will merit 20 Marks.
A total of 3 questions should be attempted by the candidate.

1. John, a petty criminal from Machakos, decide to ‘make it big, and rob a matatu
on the Nairobi – Mombasa highway. He recruits Otieno, an eleven year old to assist him carry out the robbery. Otieno was promised sweets and 100 shillings and thought he was going to the beaches in Mombasa. To stop the matatu, John enlisted the help of Bob, a mental patient who was released from a psychiatric clinic to spend a day with his family. Whilst John hid behind a thicket, Otieno and Bob waited on the highway and waved an approaching matatu to a halt. Meanwhile, John sprung out of the thicket flourishing a pistol which was infact a toy gun. The terrified passengers of the bus passed all their commodities to John who sped off in the matatu with Otieno and Bob.

Twenty kilometres further down the road, the police had erected a road block after being alerted of the robbery. John, Otieno and Bob were subsequently arrested.

From the perspective of the defence, discuss the actus reus and mens rea elements of this crime and advise the three defendant’s John, Otieno and Bob of their liability.

2. Explain what you understand by crimes of strict liability. Outline your reasoning
by reference to both statute and cases

3. Although there are many theories as to why criminals commit crimes, many of these theories are deemed outdated, whilst others, have continued to gain support.

Provide an overview of at least 4 theories of crime

4. Write explanatory notes on each of the following:
(i) Probation
(ii) Security for good behaviour
(iii) Absolute and Conditional Discharge
(iv) Settlements
(v) Extra-mural penal employment
(vi) Community service orders

5. In Keteta v R (1972) E.A. 532 (HCK), the appellant, a juvenile, was seeking an appeal against a six month sentence imposed by a lower court.
(a) What would be your arguments before the court in defence of the
juvenile?
(b) Explain the principles relating to the sentencing of young offenders in
Kenya.

6. With reference to statute and case law:
(i) Define an arrest
(ii) When may a police officer arrest without a warrant?
(iii) When can a Magistrate arrest or cause to be arrested?
(iv) Under what circumstances are warrants for arrest issued?
(v) Under what circumstances can a private person arrest a person?

7. In Pagett (1983), Police bullets killed D’s hostage. This would not have happened “but for” D’s conduct of using V as a human shield

Where an offence requires a particular result, what are the two hurdles of causation and how must they be established? Support your answer by reference to the case law.

8. Write short notes on the following:
(a) Constitutional right to Fair Trial issues in Kenya
(b) Issues pertaining to the death penalty in Kenya

……………………..

Criminal Law Question Paper

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