UNIVERSITY EXAMINATIONS: 2019/2020

EXAMINATION FOR THE DEGREE OF BACHELOR OF SCIENCE IN

INFORMATION SECURITY AND FORENSICS

BISF 2205: CRIMINAL LAW

FULL TIME/ PARTTIME

DATE: AUGUST 2020 TIME: 6 HOURS

INSTRUCTIONS: Answer the TWO questions.

QUESTION ONE:
Carl Johnson is a 30-year-old man who lives alone and who is in a wheelchair. He became
paralyzed when he was shot during a robbery at his home several years ago. Carl used to be
employed at a factory but was subsequently retrenched a few months ago. He was married at the
age of 23 but his wife subsequently divorced him after the shooting incident and she ended up
marrying another man. Carl, however, is now dating Mary Smith, an attractive pharmacist who
he met a few months ago. In the early hours of the morning on 14 February 2014, Carl is woken
up by a loud noise outside and is concerned as there have been previous break-ins at his house
and other houses in his neighborhood. He goes to investigate but cannot see anything and goes
back to sleep. A few hours later, Carl again hears another loud noise. He shouts out ‘Who’s
there?’ two times but does not get a reply. He then hears footsteps in the kitchen and can see a
silhouette gradually approaching his room. Carl quickly grabs his gun from his bedside drawer
and when he sees a person entering his doorway, he fires three shots thereby killing the person
instantly. It transpires that Carl shot and killed Mary, who was planning a Valentine’s Day
surprise for him.

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 a) Carl is charged with murder and wants to raise the defence of non-pathological
incapacity due to provocation and emotional stress. Advise him on his prospects of
successfully raising this defence.
(10Marks)
b) Carl also wants to raise the defence that he had no intention to act unlawfully as he
believed that he was shooting an intruder and not his girlfriend, Mary. Advise him
fully on his prospects of successfully raising this defence. (10 Marks)

QUESTION TWO

John, a petty criminal from Machakos, decide to ‘make it big, and rob a matatu on the Nairobi –
Mombasa highway. He recruits Otieno, an eleven year old to assist him carry out the robbery.
Otieno was promised sweets and 100 shillings and thought he was going to the beaches in
Mombasa. To stop the matatu, John enlisted the help of Bob, a mental patient who was released
from a psychiatric clinic to spend a day with his family. Whilst John hid behind a thicket, Otieno
and Bob waited on the highway and waved an approaching matatu to a halt. Meanwhile, John
sprung out of the thicket flourishing a pistol which was in fact a toy gun. The terrified passengers
of the bus passed all their commodities to John who sped off in the matatu with Otieno and Bob.
Twenty kilometers further down the road, the police had erected a road block after being alerted
of the robbery. John, Otieno and Bob were subsequently arrested
from the perspective of the defence, discuss the actus Reus and mens rea elements of this
crime and advise the three defendant’s John, Otieno and Bob of their liability. Further give
legal advice on whether to the accused persons on their constitutional rights.

(20 Marks)

QUESTION THREE

Criminal justice agencies and programs have long been preoccupied with crime control related
policies and practices. In the last couple of decades there is some indication that this focus is
shifting, or has shifted, to rehabilitation, habilitation, crime mapping, evidence-based practices,
restorative justice and social support. Choosing examples from all areas of criminal justice
practice discuss the Kenyan criminal justice system. (10 Marks)

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