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Klaw 110: Criminal Law Question Paper

Klaw 110: Criminal Law

Course:Bachelor Of Laws (Llb)

Institution: Kabarak University question papers

Exam Year:2009

KABARAK UNIVERSITY
UNIVERSITY EXAMINATIONS
2009 ACADEMIC YEAR
FOR THE DEGREE OF BACHELOR OF LAW
COURSE CODE: KLAW 104
COURSE TITLE: CRIMINAL LAW
STREAM: Y1S1
DAY: WEDNESDAY
TIME: 2.00 – 4.00 P.M.
DATE: 24/03/2010

INSTRUCTIONS:
1. ANSWER QUESTION 1 AND ANY OTHER TWO
2. BE PRECISE AND CLEAR IN YOUR ANSWER

1. a) “…….if a man consciously and deliberately takes alcohol and drugs not a medical prescription,
but in order to escape from reality, to go ‘on a trip’ to become hallucinated, whatever the
description may be and thereby disables himself from taking the care he might otherwise take and as a result by his subsequent actions causes injury to another – does our criminal law enable him to say that because he did not know what he was doing he lacked both intention and recklessness and accordingly is entitled to an acquittal? ( As per Lord Elwyn-Jones L.C. in DPP V. Majewski (1976) 2 ALL ER 142) You are the Attorney General. When the speaker to the National Assembly is not preoccupied by Mai Mahiu he invites you to come and explain to the members of Parliament what the above statement means. He tells you to restrict your speech to Kenyan law on intoxication. Just by the sheerest of luck you. You happen not to be pre-occupied with defending yourself against political (although you are not a politician) and tribal enemies. So you have some little time to perform your duties. The MPs are all there, full house (although no allowance is being paid). Let them hear you. (15 marks)

b) Outline and explain the basic objectives of our criminal law. (15 marks)

2. Explain the meaning of the following, giving examples from statute:
a) Irrebuttable presumption of law. (5 marks)
b) Rebuttable presumption of law. (5 marks)
c) Rebuttable presumption of fact. (5marks)
d) Accessories after the fact. (5marks)

3. Discuss any five exceptions and qualifications as to criminal liability. (20 marks)

4. Principal offenders are deemed to have taken part in committing the necessary offense and may be charged and found guilty of committing it. Define and legally explain the categories of offenders, you have learnt about. (20 marks)

5. “The Criminal Act essentially involves a mental element in addition to the factual one. This is what distinguishes criminal behavior from a mere misfortune; an abortion from a miscarriage; a theft from a financial loss; an arson from a bolt of lightning.” Discuss (20 marks)

Klaw 110: Criminal Law Question Paper

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