UNIVERSITY EXAMINATIONS: 2021/2022
EXAMINATIONS FOR THE DEGREE OF BACHELOR OF SCIENCE IN
INFORMATION SECURITY AND FORENSICS/ APPLIED COMPUTING
BISF 2205/BAC 2318: CRIMINAL LAW
FULL TIME/PART TIME
DATE: DECEMBER, 2021 TIME: 2 HOURS
INSTRUCTIONS: Answer QUESTION ONE AND ANY OTHER TWO questions.
QUESTION ONE
Ochieng, Karanja and Moson are criminals of note. For the last six years, they have been
reported to have committed crimes, both petty and serious, ranging from stealing food from
lunchboxes at a local nursery school to robbing banks while heavily armed. Throughout
their joint criminal careers, the three have never killed a person, as they believe that that is
against their religion and their shared person principles. In fact, the trio took an oath
committing each one of them not to kill in the course of their criminal activities.
Two weeks ago, the three went to rob a local commercial bank. In the course of the robbery,
Karanja shot and killed one of the customers at the bank, because the customer refused to
lie on the ground as ordered, or even part with the huge sum of money he had just
withdrawn from the bank. Apparently, the customer was unwilling to part with the money
he had won after betting on Sportspesa for a long time.
The Director of Public Prosecutions intends to institute proceedings in relation to these
facts. He would like you to advise him on some of the legal issues that arise, and which
may inform his decision to prosecute (20 Marks)
QUESTION TWO
Ivan is 12 years old. Robert is his 21-year-old brother, while James is a 30-year-old
neighbor of theirs. James has a 20-year-old sister called Sheila. The three of them often
spent time together. Ivan likes to play on Robert’s X-Box, and that is why he follows Robert
whenever Robert visits James. James and Robert’s friendship, on the other hand, is built
on their shared hobby of watching English Premier League matches together, and also
smoking a substance that often renders them intoxicated, which they say is great because
it relaxes them and makes them energetic at the same time. Sheila sits by, spending most
of her time making videos for her social media accounts, chatting with people she calls
“boys.”
Assume that the following events took place on evening:
i) Ivan smoked at the insistence of Robert, on the pretext that smoking would enable
him to have ‘an adult perspective of issues.’ After smoking, he became particularly
excited and energetic, and when James and Robert stepped out, he demanded that
Sheila make love to him. Sheila says she obliged out of fear. (5 Marks)
ii) Upon their return, James, on learning of what had happened from his sister,
pounced on Ivan with blows and kicks. Robert quickly intervened, and in the
process stabbed James in the stomach. James did not die but was seriously injured.
(10 Marks)
With the aid of decided cases and statutory provisions, provide an analysis of the legal issues that
arise from the foregoing set of facts.
QUESTION THREE
a) “All crimes require the coincidence of mens rea and actus reus.” Discuss. (15 Marks)
QUESTION FOUR
a. Discuss the defense liability of insanity. (7 Marks)
b) Distinguish between burden of proof and standard of proof, remember to indicate whether there
are circumstances when it shifts (8 Marks)
