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Criminal Law 1 Question Paper

Criminal Law 1

Course:Bachelor Of Laws

Institution: Kenyatta University question papers

Exam Year:2009

LPR 100 Criminal Law I

Note: Question 1 is compulsory and carries thirty marks, whilst all other questions will merit 20 Marks

Proposed Examination Questions for January – April Semester

1. John, a petty criminal from Machakos, decide to ‘make it big, and rob a matatau 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 matatatu, 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 matatutu 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 Although thee are many theories as to why criminals commit crimes, many of these theories are deemed outdated, whilst others, have continued to gain support.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 1 Question Paper

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