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Criminal Law 1 Question Paper

Criminal Law 1

Course:Bachelor Of Laws

Institution: Kenyatta University question papers

Exam Year:2010

Answer question 1 and any other 2 questions.

1.Tom,Dick,Harry and Peter decide that Sylvester needs to be "taught a lesson"because he has not paid his gambling debts.They agree to visit his house on Sunday morning and "coerce him to pay up".On Saturday evening Tom leaves a message on Peter's mobile phone saying that he would not be joining them in the venture because he was going to visit his grandmother who had suffered a massive stroke.Dick,Harry and Peter set out on the Sunday morning.As they are driving along Dick produces a gun and says "Sylvester won't be walking by the time I have finished with him".Harry is horrified and exclaims "I don't want anything to do with guns and I am quitting if you plan to use it".Dick laughs and tell him not to be chicken-hearted."The gun is only for making Sylvester cough up the debt and nothing more.Even I wish I won't have to use it".All three thereafter visit Sylvester.Sylvester tries to buy time because he has no money to pay the debt."Okay,just hand over whatever valuables you have"says Dick pointing the gun at him.At the moment Sylvester's wife Mary enters the room and shrieks on seeing the gun pointed at her husband.Dick is taken aback momentarily but now points the gun at her which goes off in the ensuing scuffle killing him instantly.Mary is numb with shock.The three immediately flee away taking whatever they can in the waiting car.Discuss liability and defences,if any,available to Tom,Dick,Harry and Peter. (30 marks)

2.The question what is the cause of death invokes the difficult question where medical treatment is to be discontinued.Is turning off life-support equipment murder?What is the position if the victim's conduct contributes in some way to the death?It is said that defendant must take the victim as he finds him which includes unusual propensities,for example,refusal to accept appropriate medical treatment on some religious grounds.
Discuss. (20 marks)

3.a)Ali puts a noxious substance in Bibi's drink intending to make Bibi very ill.Infact unknown to Ali the substance would inevitably kill Bibi if Bibi drank it.Bibi does not consume the drink.Is Ali liable for attempted murder? (10 marks)

b)Angus and Charles go out for a drink.Angus knowing Charles is a diabetic who carefully controls his drinking,spikes Charles's orange juice with vodkas.Charles,having had nothing to eat becomes drunk very quickly and suffers a hypoglycaemic episode.During this episode,he attacks and seriously injures another customer Rogers.Angus realising that the spiked drink was the start of all the trouble is too frightened to interfere,so he hides and does nothing.

Discuss criminal liability of Charles and Angus. (10 marks)

4.Discuss relevant issues pertaining to consent bearing on the offence of rape.(20 marks)

5.Write short explanatory notes on any two of the following:
a)Mc Naughten Rules

b)Theft

c)Assault

d)Self defence

e)Incitement
(20 marks)

Criminal Law 1 Question Paper

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