W1-2-60-1-6
JOMO KENYATTA UNIVERSITY OF AGRICULTURE AND TECHNOLOGY
University Examinations 2013/2014
YEAR II SEMESTER II EXAMINATION FOR THE DEGREE OF BACHELOR OF LAWS
LSC 2208: CRIMINAL LAW II
DATE: DECEMBER, 2013 TIME: 2 HOURS
INSTRUCTIONS: Answer Question ONE and any TWO other questions.
Question One
Holly lives with Mr. Ian, who frequently hits her, he threatens her that if she tries to leave him
She will ‘pay’. One evening Holly and Ian argue and Ian calls her ‘a worthless slave’. Ian goes
To bed. Holly watches television for two hours and drinks a bottle of vodka. On her way back to
the bedroom, Holly takes a knife from the kitchen and seeing Ian asleep, stabs him in the chest
killing him instantly.
Evaluate the accuracy of each of the four statements A,B,C and D individually, as they apply to
the facts in the above scenario.
Statement A: Holly cannot plead provocation as defense to the charge of murder because there
Is no evidence that she had been provoked. [7.5 marks]
Statement B: Holly still cannot successfully plead provocation as a defense because her loss of
Self control was not immediate. [7.5 marks]
Statement C: Holly will be successful in reducing her potential conviction for murder to
voluntary manslaughter because she lost her self control [7.5 marks]
Statement D: Holly will be successful in reducing her potential conviction from murder to
manslaughter by pleading intoxication as a defense. [7.5 marks]
Question
a) “The law on consent as a defense to offences against person recognizes that the causing of deliberate harm may sometimes be justified”, Anonymous. Evaluate the veracity of this statement. [8 marks]
b) Sinita and Mina share a flat. One night Sinita finds Mina kissing Sinita’s boyfriend, Alberto. She picks a glass of water, raises it in the air and shouts at Mina, “You hussy, I’ll kill you!” she tries to throw the glass at Mina but the glass slips from her hand and strikes Mina in the face cutting her forehead.
Alberto is so angry that he pushes Sinita and she falls backwards over a stool onto the floor and is knocked unconscious for a few seconds. When Sinita recovers consciousness, she is still dizzy and stumbles towards Mina, knocking her on the floor. Mina suffers a fractured arm.
Later that evening, when Sinita is sleeping, Mina gets a pair of scissors and cuts off Sinita’s ponytail in an act of revenge.
Discuss the potentially criminal liability of Sinita, Alberto and Mina for the above incidents. [12 marks]
Question Three
a) “The Kenyan law of theft is outdated and should be modernized. There is need to impose a new morality of honest in relation to proprietary rights through the law”, anonymous. [20 marks]
Question Four
The offence of robbery with violence is a uniquely Kenyan invention. Evaluate this assertion with reference to section 296(2) of the penal code, cap 63 of the laws of Kenya. [20 marks]
Question Five
In RU Kaitamaki [1985] Ac 147, [198] the accused commits rape if, having penetrated with consent, or believing the has consent, he declines to withdraw on consent being revoked or on realizing that the victim does not consent. Evaluate the merits of the said decision. [20 marks]
