BAC2318  CRIMINAL LAW.

UNIVERSITY EXAMINATIONS: 2017/2018
EXAMINATION FOR THE DEGREE OF BACHELOR OF SCIENCE IN
APPLIED COMPUTING
BAC2318 CRIMINAL LAW
FULL TIME/PARTTIME
DATE: AUGUST 2018 TIME: 2 HOURS
INSTRUCTIONS: Answer Question One & ANY OTHER TWO questions.

QUESTION ONE
a) Mens Rea is the culpable state of mind which is necessary with the Actus Reus for a
criminal offence to be committed.
In light of the above statement;
(i) Explain the four (4) state of mind which separately or together can constitute the
necessary mens rea for the commission or omission of an offence (8 Marks)
(ii) Explain the general rules governing Mens Rea (8 Marks)
b) 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 three incapacitating conditions of criminal liability. (6Marks)
(ii) Explain at least four justification or excuses of criminal liability. (8 Marks)
QUESTION TWO
a) Recklessness simply means the taking of unjustified risks. Having this in mind discuss
the various factors which are relevant in deciding whether a risk is justified or not
(6 Marks)
b) A society is made up of various individuals who have diverse interests. These interests
are usually protected by the law. Having this in mind; Discuss the various sources of
criminal law in Kenya (10 Marks)
c) Highlight the four rules used by the High court in interpreting statutes (4 Marks)
QUESTION THREE
a) State the term punishment ( 2 Marks)
b) State and explain the main justifications of punishment (8 Marks)
c) Discuss the various forms of punishment in Kenya (10 Marks)
QUESTION FOUR
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 FIVE
Discuss the“ Nullum Crimen Sine Lege, Nulla Poene Sine Lege” principle as a source of
criminal law (20 Marks)

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