Klaw 110: Criminal Law Question Paper
Klaw 110: Criminal Law
Course:Bachelors Of Law (Law)
Institution: Kabarak University question papers
Exam Year:2010
KABARAK UNIVERSITY
UNIVERSITY EXAMINATIONS
2010 ACADEMIC YEAR
FOR THE DEGREE OF BACHELOR OF LAWS
COURSE CODE: KLAW 110
COURSE TITLE: CRIMINAL LAW
STREAM: Y1S2
DAY: FRIDAY
TIME: 9.00 – 11.00 A.M.
DATE: 18/03/2011
INSTRUCTIONS:
ANSWER QUESTION ONE AND ANY OTHER TWO BE PRECISE AND CLEAR IN
YOUR ANSWER
QUESTION 1
(a) Mellen Timbergrace was riding home on Thursday the 5th March 2011 along the
Mangrove Swamp Lane at 10 pm. She met three men who were apparently drunk. She
asked them what they were doing in her neighborhood since they were not area residents
and they were suspicious characters. This incensed them so much that they all attacked
her, raining upon her some blows which resulted in her jaw being disfigured. It turned out
that the three men had been seen drinking in a bar near Mangrove Swamp Lane five
hours earlier. It also turned out that to be one of the attackers is “that man who is
mentally deranged”, as known by everyone in the area. The police have also come across
evidence that a woman was at the scene when this incident took place. The woman was a
girlfriend of one of the men and loudly muttered repeatedly “due to this degrading remark
of this woman, I am going to leave you unless you teach her a lesson,” a statement which
the boyfriend gave a lot of weight when he joined the other two men to attack Mellen.
The men have been arrested and are keen to raise possible defenses to help their case.
Assuming the men informed you of their antecedent state and would wish to rely on it as
a basis of their defences (as they see them). Advise them on the possibility of success of
their planned defences. (20 marks)
(b) Last year in October, the Nyali Beach police arrested Sally who had been deserted by her husband whom she later learnt had been lost in sea. After the desertion she kept seeing
him around in Mombasa for four years. He then ceased to be seen. Five years later, after
she had last seen him, she went through a second marriage ceremony. The husband
appeared in September last year and she was charged with the offence of bigamy under
the statute. The case is still pending in court. She has approached you to be her defence
counsel. Advise her. (5 marks)
(c) Faustine used to live with her aunt aged 90 years. Initially, in her “years of strength” the aunt used to provide for both of their maintenance and towards the end of her aunt’s life. The aunt developed gangrene in her leg, which disabled her from moving and talking. Only the accused knew of these facts but she did not seek any food, medicine or nursing for the aunt. The aunt died. The police are looking for Faustine to arrest her. Advise her.
(5 marks)
QUESTION 2
(a) “Stop making a big fuss out of this. That girl is innocent. It is the duty of the prosecution to
prove the prisoner’s guilt….” remarked Julia, when discussing with her friend. Explain, in
relation to Kenyan Law, if applicable. (15 marks)
(b) Explain the doctrine of double jeopardy. (5 marks)
QUESTION 3
Briefly outline the criminal law relating to treason, murder, rape and burglary and
housebreaking. Discuss any defence/s available to each (20 marks)
QUESTION 4
Criminal liability has always been an important area of concern in the area of criminal law.Discuss the various mental attitudes one may have under our law, as provided in statutes and judicial interpretation, with respect to any given actus reus. (20 marks)
QUESTION 5
(a) Explain some four theories of punishment in criminal law. (8 marks)
(b) Using case law discuss the elements of intention, malice and knowledge in mens rea
(12 marks)
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