UNIVERSITY EXAMINATIONS 2017/2018
EXAMINATION FOR THE DEGREE OF BACHELOR OF SCIENCE IN
APPLIED COMPUTING
BAC 2318 CRIMINAL LAW
FULL TIME/PART TIME
DATE: DECEMBER, 2017 TIME: 2 HOURS
INSTRUCTIONS: Answer Question One & ANY OTHER TWO questions.
QUESTION ONE
The cardinal maxim in criminal liability (Actus non facit reum and nisi mens sit rea) defines
criminal liability. Having this in mind;
a) Define the meaning of the cardinal maxim (2 Marks)
b) Analyze the main rules that govern this principle (8 Marks)
c) Using casse law analyse the various features governing Actus reus (12 Marks)
d) Explain how intention manifests itself in mensrea (8 Marks)
QUESTION TWO
a) Define the term crime using different scholars (4 Marks)
b) Differentiate between strict and vicarious liability (6 Marks)
c) Outline the arguments for and against strict liability (6 Marks)
d) Highlight two types of offences under the doctrine of strict liability (4 Marks)
QUESTION THREE
a) The consequence of criminal liability is punishment. While defining punishment analyze
the various forms of punishment in Kenya (12 Marks)
b) What are the main justification of punishment (8 Marks)
QUESTION FOUR
There are enumerable reasons why an accused person should avoid liability; these are the
incapacitating conditions and justification or excuses. Having this in mind;
(i) Explain at least five incapacitating conditions of criminal liability. (10 Marks)
(ii) Explain at least five justification or excuses of criminal liability. (10 Marks)
QUESTION FIVE
Using case law discuss the history and the principles under the principle of legality (Nullum
Crimen Sine Lege, Nulla Poene Sine Lege) (20 Marks)
