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Klaw 110: Criminal Law Question Paper

Klaw 110: Criminal Law

Course:Bachelor Of Laws

Institution: Kabarak University question papers

Exam Year:2010

COURSE CODE: KLAW 110
COURSE TITLE: CRIMINAL LAW
STREAM: Y1S2

INSTRUCTIONS:
1. Answer Question ONE and any other TWO
2. Be precise and clear in your answer

1. a) An act or omission alone may not make a person guilty in criminal law unless the law
expressly states so. Explain and distinguish the other mental attitudes one may have
under our law, as provided in statutes and judicial interpretation in order to be culpable.
Discuss (the) exception(s) to these requirements (25 marks)
b) John Mtenda Maovu returned home in a state of violent excitement. When the wife
came home, he promised to give her something. Shortly thereafter, they disagreed
loudly. She ran out of the house to the yard with the accused in pursuit. She fell on the
pavement next to the yard and the accused kicked her on the left arm. She then died. It
was medically established at trial that the bruise on her left arm resulting from the
accused assault was not the cause of death and that although she had previously been
healthy; she suffered from a thyroid gland problem which could cause death if fright or
strong emotion were combined with physical exhaustion. Decide the charge facing the
suspect, John, who has been arrested and brought before your court. (5 marks)
2. Explain the meaning of the following, giving examples from statute:
a) Irrebuttable presumption of law. (5 marks)
b) Double jeopardy. (5 marks)
c) Rebuttable presumption of fact. (5marks)
d) Rape, as an offence (5 marks)

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

4. A student who is studying law as a first year in Kabarak University has approached you to deliver a
lecture to his year-mates on the law relating to murder, manslaughter, infanticide and attempted
suicide. Address the students on the subject and guide them on possible ways if defending oneself
in case he or she is charged with any of the offences you are addressing them on. (20 marks)

5. Lord Coleridge C.J. once said, “…. It is common knowledge that a man who has an unlawful and
malicious intent against another and, in attempting to carry out, injures a third person, is guilty of
what the law deems malice against the person injured because the offender is doing an unlawful
act, and has that which the judges call general malice and that is enough…….” R. v Latimer (1886)
17 Q.B.D. 359.
How does the Kenyan Law relate to such a concept? (15 marks)
6. When is provocation a formidable defence? (5 marks)

Klaw 110: Criminal Law Question Paper

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