Criminal Justice

Assignment

Question 1

David had a long history of serious mental illness. The illness caused him to experience

delusions, that is, false beliefs not based on objective reality. The symptoms became more severe when he stopped taking medication.

One day, David stopped taking his medication because of its unpleasant side effects. Two days

later, he was intoxicated from heavy drinking and he became firmly convinced that he owned all blue bikes in the world.

David then saw a blue bike packed within his neighbour's compound across the street.

David became convinced that John, the neighbour, had stolen one of his bikes. David went to John's compound and accused him of theft and demanded 'his' motorcycle and as he was taking the bike away, he violently shoved John to the ground. John called the Police. The responding Police officers gave the bike back to John and only warned David.

During the afternoon of the next day, David enlisted the help of Tom, a 12-year-old boy, who

lived in the neighborhood. Tom knew nothing about David's dispute with John. David told

Tom he owned the bike in John's compound and needed it back. He offered to pay Tom a sum of Kshs.500 if he would get the bike for him.

Tom agreed, and he went and removed the bike from John's Compound and rode it across the street and delivered it toDavid. John was able to immediately intercept both David and John and managed to call the Police.

David and Tom were eventually arrested and the Director of Public Prosecutions is now considering whether to charge David and Tom for Theft.

As the Prosecutor assigned the case, write a brief on David and Tom's criminal culpability to assist the DPP in deciding whether or not to charge David and Tom for their actions. Question 2

Wyne, a second-year law student at Kelele University, assaulted Atieno, a first-year law student at the same university, for refusing to give way to allow him to pass.

After being assaulted, Atieno shared the ordeal with her classmates. The entire class of 100 students got infuriated and agreed to storm in the second year class to teach Wyne a lesson. The entire group of 100 students attackedWyne in his class and seriously injured him. Wyne dies as a result of the injuries he sustained.

On their way to class, Atieno's classmates, a group of 100 of them, find Wyne assaulting Atieno. They get infuriated and fight off Wyne, who later dies because of the injuries he sustains.

Taking the two scenarios above into consideration, discuss whether the actus reaus and mens rea elements that can lead to criminal liability arise in each instance and whether any defences can be available to Atieno and her classmates.

Question 5

Michael is an Electrical Engineering student at the University of Nairobi. He was recently detained at the Central Police Station "for no reason". He was later released without any charges and now wants to take revenge. He constructs a bomb with which he wants to blow up the police station. On 06/01/2024 he was ready to carry out his plan. He goes to the police station and finds a gap in the fence through which he enters the compound. He places the bomb in a suitable location and activates the detonator. However, on his way home he gets cold feet. He fears being caught and ending up at Kamiti Prison for many years. Michael turns around and runs back to the police station. When he gets there, he manages to deactivate the detonator with only seconds to spare. He does not have any time to celebrate his victory however, because a Police Officer arrests him on the spot.

Michael is now facing several charges including for attempted offences.

Michael is adamant that he committed no offence since he had only prepared to bomb the Police Station but had put an end to his intentions and that no harm was suffered by anyone.

Analyse Michael's criminal liability for his actions.