UNIVERSITY EXAMINATIONS: 2016/2017
EXAMINATION FOR THE DEGREE OF BACHELOR OF APPLIED
COMPUTING
BAC2318 CRIMINAL LAW
FULL TIME/PART TIME
DATE: AUGUST, 2017 TIME: 2 HOURS
INSTRUCTIONS: Answer Question One & ANY OTHER TWO questions.
QUESTION ONE
The “ Nullum Crimen Sine Lege, Nulla Poene Sine Lege” is a crucial principle in criminal law.
In light of the above statement and other facts;
(i) Explain the general rule of the principle
(ii) Discuss the historical background of this principle
(iii) Using case law, briefly discuss what are its main features or issues
(iv) Discuss the Kenyan position regarding the principle (30 Marks)
QUESTION TWO
a) Actus non facit reum and nisi mens sit rea deals with criminal liability. Analyze the main
rules that govern this principle (6 Marks)
b) Explain the various conditions governing Actus reus (6 Marks)
c) 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)
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
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)
