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CRIMINAL LAW 1 2009 – 2019-1-2

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CRIMINAL LAW

1.             “There is a presumption that ‘mens rea’ or evil intention or knowledge o wrongfulness of the act is an essential ingredient in every offence but that presum is liable to be displaced either by the words of the statutes creating the offence or b subject matter with which it deals and both must be considered’ Wright, J in Sherras —vs- Derutsen (1895) IQB 918

(a)   Discuss the various ways by which the evil intention or mens rea manifests itse purposes of Criminal Law.

(15 m

(b)  In respect of what offence, if any, is mens rea deemed to be irrelevant?

(c)   Is the test of mens rea an objective or subjective one?

2.             What are the general principles, policies and guidelines that influence sentencin offenders in Kenya?

(15 ma

3.             “The general object which all laws have, or ought to have, in common, is to augmen total happiness of the community, and therefore, in the first place, to exclude, so fa may be, everything that tends to subtract from that happiness; in other words exclude mischief. All punishment in itself is evil. Upon the principle of utility, ought at all to be admitted, it ought only to be admitted in as far as it promise exclude some greater evil’

Jeremy Bentham ” The principles of morals and Legislation (New York Hafuer Publishing 1961) at page 17

Discuss.                                                                                                              (15 mar

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CRIMINAL LAW 1 2009 - 2019-1-2

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