UNIVERSITY EXAMINATIONS: 2018/2019
EXAMINATION FOR THE DEGREE OF BACHELOR OF APPLIED
COMPUTING
BAC2318 CRIMINAL LAW
FULL TIME/PART TIME
DATE: APRIL, 2019 TIME: 2 HOURS
INSTRUCTIONS: Answer Question One & ANY OTHER TWO questions.
QUESTION ONE
a) A person is not guilty of a crime if at the time of the event, they either did not know what
they were doing or did not know what they were doing is wrong. Having this in mind;
i) Define the term crime (2 Marks)
ii) Discuss the enumerable reasons why the accused person should avoid liability
(10 Marks)
b) Explain the Kenyan position in regard to the nullum crimen sine lege principle (the
principle of legality) (10 Marks)
c) Explain four(4) states of mind which separately or together can constitute the necessary
mens rea for the commission of an offence (8 Marks)
QUESTION TWO
a) Strict liability offences are a special category of crime that require no culpable mental state.
Briefly discuss the arguments for and against strict liability (12 Marks)
b) Explain four (4) categories of violations (8 Marks)
QUESTION THREE
a) In criminal law the main consequences for criminal liability is punishment.
With reference to the above:
i) Define the term punishment (2 Marks)
ii) Critically discuss the main justifications of punishment (12 Marks)
b) List six forms of punishment which the court might impose upon the accused person under
criminal law. (6 Marks)
QUESTION FOUR
a) Laws are found in statutory provisions and constitutional enactments, as well as hundreds
of years of rulings by courts at all levels. Briefly discuss the various types of law in your
country (8 Marks)
b) State and explain the four broad categories of defences (8 Marks)
c) Explain the purposes of criminal law in your country (4 Marks)
QUESTION FIVE
a) Briefly discuss the development of criminal law in Kenya ( 10 Marks)
b) Discuss the cardinal maxim of criminal liability (10 Marks)
