UNIVERSITY EXAMINATIONS: 2018/2019
EXAMINATION FOR THE DEGREE OF BACHELOR OF SCIENCE IN
APPLIED COMPUTING
BAC2504 CRIMINAL LAW
DATE: DECEMBER, 2018 TIME: 2 HOURS
INSTRUCTIONS: Answer Question One & ANY OTHER TWO questions.
QUESTION ONE
a) The principle of legality is explained in latin as Nullum Crimen Sine Lege, Nulla Poene
Sine Lege” . This simply means a person cannot be termed as a criminal unless a specific
law providing for this crime has been provided in writing. Having this in mind
i) Discuss the history of the principle (6 Marks)
ii) Highlight the main issues provided by the principle (8 Marks)
iii) Explain the Kenyan position of the principle (6 Marks)
b) Explain the legal sources of criminal law (4 Marks)
c) Highlight the three basic rules on interpreting the statutes for purposes of criminal law
(6 Marks)
QUESTION TWO
a) With regard to criminal liability (Actus non facit reum and nisi mens sit rea)
i) Explain the general rules with regard to criminal liability (4 Marks)
ii) Highlight the various conditions governing the Actus non facit reum (6 Marks)
iii) Highlight the general rules of Mens sit rea (6 Marks)
b) 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
(4 Marks)
QUESTION THREE
In criminal law the general consequences for criminal liability is punishment. For every crime
the consequences is to punish the offender.
In light of the above;
i) Explain four theories is support of punishment (8 Marks)
ii) Explain the meaning of the term punishmrnt (2 Marks)
iii) Highlight the various forms of punishment in Kenya (10 Marks)
QUESTION FOUR
a) The law recognizes infancy as an excuse or justification for avoiding liability. It splits
people of immature age into three( 3 ) groups. Explain the three groups provided under
the law ( 8 Marks)
b) Explain the incapacitating condition of insanity with regard to the following:
i) The general presumption of the defense of insanity
ii) The two perspective of insanity ( 12 Marks)
QUESTION FIVE
a) Mens Rea is the culpable state of mind which is necessary with the Actus Reus for a
criminal offense to be committed. Having this in mind:
i) Explain the four (4 ) state of mind which separately or together can constitute the
necessary mens rea for the commission of an offense (8 Marks)
ii) Explain the elements of Actus reus and mens rea in the offense of stealing and
rape (6 Marks)
b) Highlight the back ground of strict liability offenses. ( 6 Marks)
