UGANDA CHRISTIAN UNIVERSITY

FACULTY OF LAW
LLB I ADVENT SEMESTER
FINAL EXAMINATIONS 2021/2022

COURSE UNIT: INTRODUCING LAW

DATE: Tuesday 1 I thJanuary, 2022 TIME: 9:OOam- 12:OOpm

INSTRUCTIONS:
1. This exam carries 70 mad«s
2. THREE questions in total including QUESTION ONE which is COMPULSORYand
carries 30 'Warks.In addition to QuestionOne, candidates may attempt any other TWO
Questions.
3. Answer any other TWO Questions in Addition to Number One.
4. This examination is CLOSED book. Candidates are NOT permitted to come to the
examination room with unauthorized materials.
5. Use of relevant authorities and or examples presentedin a clear and legible handwriting
shall attract high scores;
6. phones and other electronic gadgets shall not be allowed into the examination
rooms.
7. The University rules regarding the conduct of examinations shall apply to this
examination;
8. Time allowed is 3 Hours.

Question One: (Compulsory)

Under territorial jurisdiction, States may enact criminal laws which give authority to their
national courts to prosecute perpetrators of crimes committedon their territory, regardless
of the nationality of the perpetrator or the victim. In addition, States may enact laws to
prosecute perpetrators of certain crimes even where there is no nexus to the State. This is
known as the principle of universal jurisdiction. Citing relevant case law, discuss this
principle. (30 Marks)

Question Two:
Parliament of Uganda is vested with powers to make laws under Article 79(1) of the 1995
Constitution of Uganda. Give a detailed explanation of the law-making processesand the role
played by the president in that process. (20 Marks)

QuestionThree:
Kasemire Wendy has come to you and is seeking to understandthe principles courts apply in
adjudicating both civil and criminal cases. She also is seeking information on the jurisdiction,
compositionand hierarchy of courts of law in Uganda. Kindly help her better understand
what she seeks to know. (20 Marks)

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 Question Four:
With the aid of relevant authorities, compare and contrast the following. In your answer,
make specific reference to the establishment, hierarchy, composition and jurisdiction of
each.

(a) High Court and General Court Martial. (6 Marks)

(b) The East African Court of Justice (EACJ) and the European Court of Justice
(ECJ) (7 Marks)
(c) International Criminal Court (ICC) and International Court of Justice (ICJ).
(7 Marks)
Question Five:
Critically discuss the similarities and differences between the common law and civil law
(legal) systems. Illustrate your answer using vivid examples clearly highlighting the salient
featuresof each legal system. (20 Marks)

Question Six:
i) Write detailed notes on the following: (5 Marks @)
a) Arbitration
b) Conciliation
c) Mediation
ii) What merits does alternative dispute resolution have over the adversarial court system.
(5 Marks)

--END=

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 UGANDA CHRISTIAN UNIVERSITY
FACULTY OF LAW
LLB I ADVENT SEMESTER
FINAL EXAMINATIONS2021/2022

COURSE UNIT: LAW OF CONTRACT 1

DATE: Wednesday 12thJanuary, 2022 TIME: 9:OOam - 12: OOpm

INSTRUCTIONS:
1. This exam carries 70 marks
2. Answer THREE questions in total including QUESTION ONE which is COMPULSORY and
carries 30 Marks. In addition to Question One, candidates may attempt any other TWO
Questions.
3. Answer any other TWO Questions in Addition to Number One.
4. This examination is CLOSED book. Candidates are NOT permitted to come to the
examination room with unauthorized materials.
5. Use of relevant authorities and or examples presented in a clear and legible
handwriting shall attract high scores;
6. Mobile phones and other electronic gadgets shall not be allowed into the examination
rooms.
7. The University rules regarding the conduct of examinations shall apply to this
examination;
8. Time allowed is 3 Hours.

Question One: (Compulsory)

Joseph is a wholesaler dealer located at Mukononear UCU dealing in phones and other
accessories. On 5 October 2020, Joseph wrote to Sarah who works in the oil city of Hoima
offering to sell 100 iPhone 8 at UGX 600,000 per phone. On 7 October, Sarah posted a
reply in which she accepted Joseph 's offer but added that if she did not hear to the
contrary, she would assume that the price included delivery to her (Sarah's) phone shop in
Hoima City. The following morning, before Sarah's letter arrived at Joseph 's office,
Joseph read a posting on the internet which stated that the price of the iPhone 8 was
about to fall becauseof Applesintendedmoveto scrap themoff the list of supported
devices and that these phones were going to stop receiving updates at the end of the
month of October. Joseph having learnt about the anticipated move by the makers of the
iPhone- Apple Technologies Ltd, he immediately sent an email to Sarah stating that 'our
price of UGX 600,000 includes delivery to Hoima.

On receiving Joseph 's email at 11 am on 8 October, Sarah posted a letter to Joseph

confirming her acceptance of Joseph's terms. By mid-day, however, Sarah also saw an
article in the Red Paper stating that owners of iPhone 8 should ditch them for newer
brands like iPhone 11 because the phoneswill not be supported by Apple store any more.
Sarah immediately sent an email to Joseph stating 'l decline your offer of the iPhone 8'.
The price of iPhone 8 actually fell to UGX 500,000 per phone and Sarah refuses to accept

Page 1 of 2
 any phones from Joseph. Joseph is now aggrieved by Sarah's refusal to accept the
consignment.

In a memorandum,identify all the legal issues involved and advise Joseph on the
likely hood of success of his sit if he opts to go to court for redress. (30 Marks)

Question Two:
Ken is a Law lecturer at one of the top universitiesin Uganda. He recently visited Allied
Book Centre Bookshopat Mackay Plaza to buy text books for the Law of Contract for use
during Covid Lockdown. He was given a list of books titled 'RecommendedLaw Books for
LLB I Courses at Ugandan Universities'. As he was in a hurry, he could not scrutinize the
list or open the boxes containing the books to confirm the details. However, he enquired
from the attendant at Allied Book Centre and he was assuredthat the books on the list
were selected by experts from the various Law Faculties and were ideal for the LL. B I
Program. He purchased the entire lot and packed them in his car.

a) Upon arriving at home and opening the box containing the books, Ken discovered
that the whole consignmentcontained French textbookson the Civil law system
which were not relevant for his classes since in Ugandasince Ugandanfollows the
common law system. Ken scrutinized the receipt he was issued and realized that it
had a clause at its back reading 'Goods once sold are not retumable'. Ken is very
furious and feels cheated that he was given bookson the French Civil law system.
You're a Junior associate NLC Advocates and Ken is before you for advice. (15
Marks)

b) Would your advice be any different if the clause referred to above was contained in
a formal contract Ken signed with the Bookshopbefore he paid for the books? (5
Marks)

Question Three:
-
Write short notes on the following:
issues of
a) The presumptions that are applied by the courts when considering
intention to create legal relations (10 Marks)
(10 Marks)
b) The doctrine of PromissoryEstoppel

Question Four:
by a side-wind....it still
"The doctrine of consideration is too firmly fixed to be overthrown
LJ, Combe v Combe
remains a cardinal necessity of the formation of a contract". Denning
(20 Marks)
[1951] 2 KB 215. Discuss.
 UGANDA CHRISTIAN UNIVERSITY
FACULTY OF LAW
LLB I EASTER SEMESTER
FINAL EXAMINATIONS 2020/2021

COURSE UNIT: LAW OF CONTRACT Il

DATE: Monday 10thMay, 2021 TIME: 8:OOam - 11:OOam

INSTRUCTIONS:

(a) This is a CLOSED BOOK EXAMINATION.CandidatesSHALL not refer to any materials

whatsoever during the examination.
(b) Candidates must use only one booklet.
(c) Candidates should answer THREE questions, including question 1 which is compulsory.
(d) Answers that are well thought out and supportedby legal authorities will earn extra
credit.
(e) All other rules that govern the universityexaminationsshall apply to this examination.

Question One: (Compulsory)

Last evening, Mutyaba entered Shopleft Supermarket in Walugogo to purchase beef. He

wanted to purchase high quality beef for a barbecue he was hosting at his home. In the
supermarket, he walked straight to the section where the beef was on display. The price tag
indicated that the meat was being sold at Ugx. 18,000. He ordered for 100 kilos of beef, and
they were sliced off the bulk. He asked that it be minced. He was told that prior to it being
minced, that shouldthey do so, it will be impossibleto sell it to anothercustomer, should he
fail to pay. The mincing was irreversible. The beef was minced in line with his instructions.
He proceeded to the counter to pay. Unfortunately, at the counter, when he presented
money for payment, it (the money) turned out to be counterfeit. He was arrested and taken
to Jinja Road Police where he was detained for close to 45 hours. Uponhis arrest, the Police
indicated that they were only interested in the counterfeit money and not the beef. The
supermarkettherefore decided to throw the meat in the trash. WhenMutyabawas released
however, the supermarketmanagercalled him and informed him that he still had to pay for
the minced meat lest they drag him to court. Mutyabaonce overhead you on a mobile phone
conversation telling someone that "a contract is executed at the counter, not in the
stalls...besides, frustration releases the parties from their obligations". Kindly advise him.
(30 Marks)

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 Question Two:

Discussthe law on the following

a) Pre-contractual disclosure as misrepresentation. (10 Marks)

b) In establishing economic duress, why is it so important to ask whether the victim
had a
reasonable alternative course of action open to him? (10 Marks)

Question Three:

Discussthe law relating to contractual mistakeas is applicable in Uganda. (20 Marks)

Question Four:

Discuss the various types of remediesavailable to a patty who is aggrieved by the breach of a
contract. (20 Marks)
Question Five:

Write short notes on the following; (5 Marks each)

a) Anticipatory breach
b) Actual undue influence
c) Presumed undue influence
d) Restrictive covenants

Question Six:

"A contract is like a covenant, once the parties enter into it, they are bound for life",
O
SaddamAine, a second-yearstudent was overheadin a discussion.Do you agree with his
assertions? (20 Marks)

-
END

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 UGANDA CHRISTIAN UNIVERSITY
FACULTY OF LAW
LLB I ADVENT SEMESTER
FINAL EXAMINATIONS2021/2022

COURSE UNIT: CONSTITUTIONAL HISTORY

DATE: Friday 14thJanuary, 2022 TIME: 9:OOam- 12:OOpm

INSTRUCTIONS:
1. This exam carries 70 marks
2. Answer THREE questions in total including QUESTION ONE which is COMPULSORYand
carries 30 In addition to Question One, candidates may attempt any other TWO
Questions.
3. Answer any other TWO Questions in Addition to Number One.
4. This examination is CLOSED book. CandidatesNOT permitted to come to the examination
room with unauthorized materials.
5. Use of relevant author'itiesand or examples presented in a clear and legible handwriting
shall attract high scores;
6. Mobile phones and other electronic gadgets shall not be allowed into the examination
rooms.
7. The University rules regarding the conduct of examinations shall apply to this
examination;
8. Time allowed is 3 Hours.

Question One: (Compulsory)

"The 1900 (B)UgandaAgreementtransformedthe political, economic and social structures of
Buganda and later on impacted Uganda as a protectorate and independent State." Per
Winston Churchill a Constitutional History student at Uganda Christian University.

In light of the provisions of the (B)Ugandaagreement, assess the impact of the Buganda
Agreement on Uganda. (30 Marks)

Question Two:
"In all cases, civil and criminal to which natives were parties, every court shall... be guided by
native law so long as its applicable and is not repugnant to justice and morality or
inconsistent with any order-in-council or ordinance or any regulation or rule made under any
Order-in -Council/or ordinance..." Clause 20 of the 1920 Uganda Order in Council.

Was the repugnanceclause justified and is it of any relevancetoday?Discuss. (20

Marks)

Question Three:
"After the onset of independence, Ugandaas a newly independentstate witnesseda time of
tension and pressure arising not only from a failed constitutional process but also from a clash

Page 1 of 2
of Egos of the leaders at the moment and this amounted to a ticking bomb that would explode
anytime into a fatal crisis".

Examine the causes and the implications of the 1966 Kabaka Crisis on the political and
constitutional history of Uganda. (20 Marks)

Question Four:
The Second Republic of Uganda existed from 1971 to 1979, when Uganda was ruled by a
military dictatorship. The eight-year reign of terror in Uganda encompassedwidespread
killing, torture and dispossessionof multitudes and left the country pauperized, for much of
the 1970's, the beefy, sadistic and telegenic despot had reveled in the spotlight of world
attention as he flaunted his tyrannical power, hurled outlandish insults at world leaders and
staged pompousdisplays of majesty.

Examine the above statement in light of constitutionaldevelopmentsduring the period

1971-1979. (20 Marks)

Question Five:
During the swearing in ceremony on 29 January 1986, the NRM government promised
mere
Ugandans a fundamental change: "No one should think that what is happening today is a
change of guard; it is a fundamentalchange in the politics of our country." The promise
country
created a lot of expectations within the populationafter many years of despair. The
had gone through tough times due to bad governance from 1966 to 1986.
1986-1995.
Assess this promise in light of the constitutional developmentsin the period
(20 Marks)
Question Six:
by UCU, the curriculum
You have been invited to a curriculum review meetingorganized
to be covered by first year
included constitutional history as one of the modules/subject
students of law.
should be maintained on the curriculum or
Discuss why you believe constitutional history (20 Marks)
why it should be eliminated from the curriculwn.

Page 2 of 2
 UGANDACHRISTIAN UNIVERSITY
FACULTY OF LAW
LLB I EASTER SEMESTER
FINAL EXAMINATIONS 2020/2021

COURSE UNIT: CONSTITUTIONAL LAW

DATE: Friday 7thMay, 2021 TIME: 3:OOpm- 5:OOpm

INSTRUCTIONS:

a) With the exception of a CLEAN and UNMARKEDcopy of the 1995 Constitution, no other
materials of whatever kind or form are permitted into the examination room.
b) Answer Three (3) questions in total. Question 1 is mandatory and carries 30 marks.
Answer Two further questions (each carries 20 marks).
c) Answers that are clearly and concisely thought out, well-structured and authoritatively
supported will earn higher marks.
d) Sharing of statues and reading lists is strictly prohibited.
e) Use of relevant authorities and or examples presented in a clear and legible handwriting
shall attract high scores;
f) Mobile phones and other electronic gadgets shall not be allowed into the examination
rooms.
g) The University rules regarding the conduct of examinations shall apply to this
examination;
h) Time allowed is 3 Hours.

Question One: (Compulsory)

O On 14thJanuary 2021, Uganda held presidential and parliamentary elections. Following voting
and tallying, the Electoral Commissiondeclared Candidate Yoweri Kaguta Tibuhabuma Museveni
the winner of the elections by over 54%of the vote. His opponents contested the results and
alleged massive vote rigging, intentional delays in providing voting material, bribery and
intimidation of voters. Candidate Robert Kyagulanyi, the runner up, called a press conference
and informed the public that he will lead a processionof his supportersto the Electoral
Commission Offices in Kampala to demand the official tally slips and declaration forms that were
used in the voting process. He also threatened to petition the Supreme Court to annul the
election.

Following Kyagulanyi's announcement, the police have barred him from leaving his home, he
cannot receive any visitors, his entire family cannot even go to the market to get food, police is
everyhere around his home including his garden and his entire neighborhoodto the extent that
his neighbors have started complaining about these officers beating them and harassing them at

Page 1 of 3
night and stealing their food. A police helicopter is surrounding his home and neighborhood
every day to ensure that they oversee whatever is taking place around his home.

One morning on the 21st January 2021, heavily armed men from both the police and the
military
came and raided Kyagulanyi's home, searched the entire home alleging that they had
informationthat his homewas used as a tally center on the 14thJanuary 2021 election day and
they took away all the computersin his home, all the mobile phonesfor all the family members
and beat all the members mercilessly and then arrested Kyagulanyi and took him to an unknown
place. His wife has tried to locate him in vain.

As a result of the above events, the National Unity Platform members have organised a
procession to the United States Embassy where they wanted to go and meet the ambassador and
discuss issues pertaining the arrest and disappearanceof the party president. They have called
the Mediato join them such that they can inform the public of the unfolding events. As they
approachedthe embassy, they were intercepted by the police and the military who teargased
them, beat up the media causing many of them serious injuries and destroyed
all their cameras.
Manyof the NUP Supporterswere arrested and they are facing charges
in the court martial. They
have through their lawyers tried to apply for bail and it has been denied on the
basis that the
crimes they committed are non bailable. Someof the membersof the media who
were injured
have lost their limbs and police is denying ever beating and injuring them.

Some party members have learnt that you are a constitutional law expert and they
have come to
you for help.

(a) Raise all the issues and advise all the parties involved on the remediesavailable if
any. (20
Marks)
(b) Which appropriate court can grant the above remedies? (10 Marks)

Question Two:

It was appreciatedin the case of Simon Peter Ochieng & John Tusiime v. The Attorney
General of the Republic of Uganda, Reference No. 11 of 2013 [2018] EACJ, page 27 that in
Gerald Kafureka Karuhanga v. Attorney General of UgandaConst. Petition No. 39 of 2013,
an Article by Lord Justice Gross, "The Judiciary: The third Branch of the State" (April 2014)
was
cited with approval to better the understandingof the principle of good governanceas
encompassed in the doctrine of separation of powers. It reads: -

"The proper and effective functioningof any State committed to the rule of law
depends on its branches understanding and being respectful of each other's
respective roles and functions. Understandingis the basis from which the branches
can work together within a framework of separation of powers to maintain...therule
of law"

With relevant authorities, discuss the extent to which the doctrine of separation of powers
has been applied in Uganda than being considered 'a myth'. (20 Marks)

Page 2 of 3
Question Three:
of Uganda towards
a . Discuss the duties of the President under the 1995 Constitution
(10 Marks)
promoting the rule of law.
the role of Parliament of Uganda in
b. With reference to relevant authorities, examine (10 Marks)
fostering the rule of law.

Question Four:
and authority of the Auditor General
Discuss the distinction between the Constitutional powers
(20 Marks)
and the Inspectorate of Government in Uganda.

Question Five:
is derived from the
In light of Article 126 (1) of the Constitutionwhich provides: "Judicial power
name of
people and shall be exercised by the courts established under this Constitution in the
of the
the people and in conformitywith law and with the values, norms and aspirations
1995
people." Discussin detail the concept of Judicial power and the people under the
Constitution of the Republic of Uganda.
(20 Marks)

END =

Page 3 of 3
 UGANDA CHRISTIAN UNIVERSITY
FACULTY OF LAW
LLBI EASTER SEMESTER
FINAL EXAMINATIONS 2020/2021
COURSE UNIT: ADMINISTRATIVE AUTHORITIES

Date: 15thMay 2021 Duration: 3 hours

Time: 8.00 am - 11.00 am

INSTRUCTIONS:

a) Answer three questions in total. Number 1 is compulsory.

b) Answer any other two questions in addition to Number One.
c) This examination is partially open book. Candidates are permitted to come to the
examination room with clean copies of the reading list and relevant statutes
d) Sharing of statutes and reading lists is strictly prohibited.
e) Use of relevant authorities and or examples presented in a clear and legible handwriting
shall attract high scores;
f) Mobile phones and other electronic gadgets shall not be allowed into the examination
rooms.
g) The University rules regarding the conduct of examinations shall apply to this
examination;
h) Time allowed is 3 Hours.

Question One: (COMPULSORY)

Philomena an LLBI student comes to you and tells you that, "Public corporations are useless
and needlessly drain our meagre resources as a country. We are absolutely better off doing
away with them. "
(a) Discuss this statement clearly outlining the role of public corporations and why you think
it is likely that a significant section of the general public is disgruntled with their
functioning. (10 Marks)
(b) Discuss in detail the traits, classifications and control mechanisms of public
corporations. (10 Marks)

1
 (c) Discuss the advantages of public corporations over government departments.(10 Marks)

Question Two

(a) "Uganda is a Country of laws and not men," Discuss. (10 Marks)
(b) Share your detailed opinion on whether the notion of judicial independenceshould be
a componentor rather a prerequisiteof rule of law. (10 Marks)

QuestionThree
" ...Whenthe legislative and executive powers are united in the same person, or in the same
body of government officials, there can be no liberty; because apprehensionsmay arise, lest
the same monarch or senate should enact tyrannical laws to execute them in a tyrannical
manner Baron de Montesquieu, Spirit of the Laws (1748)

(a) Discuss the above statement in light of the circumstances Uganda. (10 Marks)
in
(b) Discuss and justify what the best state of affairs should be in the country to ensure
proper governance. (10 Marks)

Question Four

You have been invited to Uganda Christian University to address year one law students about
key notions of administrative law. Makea detailed presentationenvisaging the following;

(a) The form, nature and essence of administrative law and; (10 Marks)
(b) The various sources of administrative law. (10 Marks)

Question Five

One of the democratic principles set out in the National Objectives and Directive Principles of
State Policy state that, "the state shall be guided by the principle of decentralizationand O
devolution of government functions and powers to the people at appropriate levels where
they can be best managed and direct their own affairs. "

(a) Discuss how the institutional frameworkof the local governmentin Ugandais meant to
give effect to the above principles.(10 Marks)

(b) How does the central government monitor and supervise activities at local government
level in Uganda?(10 Marks)

2
 UGANDA CHRISTIAN UNIVERSITY
FACULTY OF LAW
LLB I ADVENT SEMESTER
FINAL EXAMINATIONS 2021/2022

COURSE UNIT: FUNDAMENTALS OF CRIMINAL LAW

DATE: Thursday 13thJanuary, 2022 TIME: 9:OOam- 12:00pm

INSTRUCTIONS:
1. This exam carries 70 marks
2. Answer THREE questions in total including QUESTION ONE which is COMPULSORY and
carries 30 Marks. In addition to QuestionOne, candidates may attempt any other TWO
Questions.
3. Answer any other TWO Questions in Addition to Number One.
4. This examination is CLOSED book. Candidates are NOT permitted to come to the
examination room with unauthorized materials.
5. Use of relevant authorities and or examples presented in a clear and legible handwriting
shall attract high scores;
6. Mobile phones and other electronic gadgets shall not be allowed into the examination
rooms.
7. The University rules regarding the conduct of examinations shall apply to this examination;
8. Time allowed is 3 Hours.

Question One: (Compulsory)

You have taken up internship with the Office of the Director of Public Prosecution, these
case files have been presented to you for perusal. With support of authorities, advise the
Directorate of Public Prosecutionsaccordingly.

A. KIGUNGU created magazines, which contained personal adverts for prostitutes. This
included their personal contact details, photographsand descriptions of their services.
KIGUNGU also received money from the prostitutes for the directory; thus, he was
living on the earningsof prostitutes.The Office of the Directorof Public Prosecutions
intends to charge him with the 'offence' of conspiracy to corrupt public morals, which
does not exist in the penal statute booksof this country. On November1, 2021, the
Street Offences Act, 2021 that was passed by parliament appeared in the Uganda
gazette. The Office of the Directorate of Public Prosecutionswishes to also include the
offence of solicitation of prostitutioncontrary to section 6 of the Street Offence Act,
2021.

B. KWIKIRIZA commonly known as 'HOT TEMPER', a young man of 25 years, is known

around Nakasongola to be a person with a very short temper. On 25th December 2021,
while at a family get together, an argument broke out between him and his cousin
BRIGHTON over a young lady called Vanessa, who they both wanted have as their
Page 1 of 3
 girlfriend. The argument heated up and 'HOT TEMPER' filled with rage grabbed the
knife that was being used to cut the chicken and in attempt to strike BRIGHTON,
dodged and he unintentionally stabbed SHAKIRA, BRIGHTON's sister who was standing
behind BRIGHTON, urging them to stop the intended fight.

C. On the eve of 9th October 2021. JAMES, JOHN, JUNIOR and JACK met for coffee at the
Eland Café in Mukono.Duringtheir chit chat, James proposeda heist on Centenary
Bank Ltd, Mukono Branch. Aware of how lucrative this would be, the quartet had
unanimously resolved as follows;
i) JAMES to purchase guns that shall be used in case of interference by the armed
men while at the Bank.
JOHN to secure the map into the Bank and copies of the keys to the cash vault
from his girlfriend, EDITH who doubles as a secretary at the Bank.
iii) JUNIOR to drive the double carbin pick up where boxes of money shall be
dropped after JACK has carried them from the basement.
iv) The quartet also slated the heist for 10th December 2021.

EDITH, JOHN's girlfriend having been filled in on the plan by JOHN later, pretended to
agree to the plan because she feared the ruthlessnessof her boyfriend. She informed
the police of the whole plan, date, time, and place of departure. On the said date
Edith kept the police up to date on the planned robbery. Before the cohort left their
premises to execute the plan, they were apprehendedby the police. All four men are
in police custody.

D. NINJJA 38 years old and NIGER 42 years old are well renown habitual thieves around
Mukono. They have been known to even recruit children in their mischievous acts
around the villages in Mukono.On the 12thof December 2021 they used two boys,
DIVINE 10 years old and GRACE 8 years old to enter the house of SSEJJUSSA through a
small window at about 2:00am and bring out to them money or other valuables. All
four have been arrested and are in police Custody

question Two:
a) the case of Woolmingtonv DPP [1935] AC 462, explaining the principle raised and
reasoning with emphasis on the decision by the House of Lords. (8 Marks)
b) In the case of Uganda v Robert Isabirye & 7 others Lady Justice Anglin recognised that
there are a few instances/exceptionsprovidedby law where the burden of proof may
shift to the defence. Discus the exceptions. (12 Marks)

Question Three:
Whereas common law and Ugandanlaw does not require a person to act as a Good Samaritan,
there certain situations where individuals will be held criminally responsibleshould they fail

Page 2 of 3
to act. Citing relevant authorities, explain under what circumstancescriminal responsibility
will arise from failure to act. (20 Marks)
Question Four:
a) It is generally irrelevant to liability whether the defendantacted with a 'good' or 'bad'
motive. Explain. (6 Marks)
b) Discus the distinction between liability for criminal recklessness and liability for
criminal negligence. (12 Marks)

Question Five:
a) Explain the reasons for the developmentof criminal law. (6 Marks)
b) Describe how criminal law is different from civil law. (6 Marks)
c) Identify and explain with support of authorities the first three main sourcesof criminal
law. (8 Marks)

Question Six:
Using relevant statutory and or case law write short notes on any four of the following:
(5 Marks @)

a) Distinguish between a felony and a misdemeanour;

b) Ignorance of the law;
c) Strict liability;
d) Presumption of innocence;
e) Corporate criminal liability; and
f) 'But for' test in proving factual causation

Page 3 of 3
 UGANDA CHRISTIAN UNIVERSITY
FACULTY OF LAW
LLB I EASTER SEMESTER
FINAL EXAMINATIONS 2020/2021

COURSE UNIT: CRIMINAL LIABILITY

TIME: 3:OOpm - 5:OOpm
DATE: Wednesday 5thMay, 2021

INSTRUCTIONS:
question one as compulsory
a) Select and answer only THREE Questions, with
Students may bring in the
b) This is a RESTRICTED OPEN BOOK EXAMINATION.
Acts of parliament which
examination room clean copies of reading lists plus relevant
are applicable to the subject. supported
authoritatively
c) Answersthat are clearly thoughtout, well structured, and
with legible handwriting will attract higher marks
d) Sharing of statues and reading lists is strictly prohibited.
clear and legible
e) Use of relevant authorities and or examples presented in a
handwriting shall attract high scores;
the examination
f) Mobile phones and other electronic gadgets shall not be allowed into
rooms.
apply to this
g) The University rules regarding the conduct of examinations shall
examination;
h) Time allowed is 3 Hours.

Question one: (COMPULSORY)

the
Assume you a state attorney in the Office of the Director of Public Prosecutions and
following case files have been submitted for your action, with that aid of relevant authorities,
identify the offences and the liability of the culprits. Zebedde John is the Chief Finance
officer with Ministry of Energy and Mineral development. In January 2021, World Bank in
partnershipwith the Governmentof Ugandareleased 50 billion shillings to the ministry to
develop and start oil explorationin the Albertine region for export to Tanzania. When the
work commenced,it was realized that casual labourers and suppliers had not been paid yet
John had made accountabilities to that effect. Of late, social media reported that John has
booked a presidential suite at Serena hotel at $ 500 per day for 3 months, built a multimillion
homeat kololohill, boughtsix motorvehicles to wit 3 Benz 4matic, 2 jeeps open
roof for himself and his fiancé and a Hammerfor his father yet he earns 1 per
month as monthly salary. Investigationsensued and was recovered from a pillow
case in his bed room. The funds on the project account has since gone missing, works have
stalled and john cannot give any satisfactory explanation.

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In March while John was sleeping at Serena Hotel,
Zigid the twin brother of John opened
John's house using a master key, rushed straight to the bed
room where he started having sex
with Nalongo Sumaya John's wife. When Nalongo realized
that Zigid was too aggressive, she
pushed him off her chest and as he attempted to escape, Opiyo
the security guard gave a
chase and shot zigid four-gun shots and he ran and died
from John's compound. In April 2021,
Kalekyezi Mike was driving from Gulu and he was stopped at a
police check point at Bombo. It
was established that the vehicle had won out tyres and when
they checked the boot, they
found four pieces of ivory and a gun AK47 in a green polythene bag.
He was tasked to explain
the source and he remained silent.

With reference to the above problem, raise all the legal issues and advise
the parties
accordingly. (30 Marks)
Question Two:

The United Nations Office for Gender has invited your lecturer to present a paper
sexual and
gender-basedviolence in Uganda. As a studentof criminal liability, with the aid of relevant
authorities, write a detailed memorandumon the principles governing the law of defilement
and rape in Uganda. (20 Marks)
Question Three:

With the aid of relevant authorities, compare and contrast the offences of theft and robbery
in criminal law. (20 Marks)

Question Four:

The Director of Public Prosecutionshas been invited to a workshopand she has identified you
as the only capable research assistant. In a detailed memorandumand with the aid of
relevant statutes and case law, identify and discuss any five offences where a person may be
criminally liable as a consequenceof loss of life. (20 Marks)

Question Five:

Distinguish between the following; (20 Marks)

a) Assault occasioning actual bodily harm and Grievous harm

b) Treason and sedition
c) Incest and Indecent assault

= END =

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