Criminal Litigation 2012 - CRIMINAL LITIGATION Course...

Info icon This preview shows pages 1–3. Sign up to view the full content.

CRIMINAL LITIGATION Course Instructor: Justice Benjamin Kubo MATERIAL; Penal Code Evidence Act Criminal Procedure Code The Constitution of Kenya Sexual Ofences Act Anti-corruption INTRODUCTION What is criminal litigation? This is the process of enforcing substantive criminal law. Chapter IV of the Penal code This chapter, from s 7 to s 19 covers the general rules of criminal responsibility. Artcle 50 of the constitution contains the provision on the presumption of innocence. Basic elements of the criminal responsibility:- Mens rea and actus reus. 1. Case Example: D accidentally discharges a gun and kills V. if D, not realizing that he has already killed V then decides to kill him, and shoots the corpse, can D be held criminally liable for murder of V? T habo Meli v T he Que e n [1954] 1 ALL ER 373 [Contemporaneity of mens rea and actus reus applies to actions as a whole - coincidence of actus reus and mens rea - actus reus 'continuing act principle'] D and accomplices took V to a hut and beat him over the head intending to kill him. They rolled his body over a cliff to make the death appear accidental. In fact, the victim survived both the beating and the fall from the clif, but died from exposure shortly afterwards. Held : Actus and mens were present throughout; no need to separate them, there was a causal
Image of page 1

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

link. Where the actus reus consists of a series of linked acts, it is enough that the mens rea existed at some time during that series, even if not necessarily at the time of the partcular act which caused the death. Lord Reid: "[It is] ... impossible to divide up what was really one series of acts in this way. There is no doubt that the accused set out to do all these acts in order to achieve their plan, and as parts of their plan; and it is much too refined a ground of judgment to say that, because they were under a misapprehension at one stage and thought that their guilty purpose had been achieved before, in fact, it was achieved, therefore they are to escape the penalties of the law." Guilty of murder 2. Case example A man hit his wife on the chin knocking her unconscious. While trying to drag her body away, he dropped her thereby causing her death. It was indicated that the purpose behind his dragging her away was critical in determining whether the chain of causation was broken. Would it make any difference as regards criminal liability if the man’s actions had been designed to help someone he believed to be alive as opposed to whether he believed he was trying to dispose of what he reckoned to be a corpse. Regina v Le Brun (1992) QB 61 [Coincidence of actus reus and mens rea - actus reus 'continuing act principle'] D knocked his wife unconscious. He dragged her away to avoid detection, whist dragging her she hit her head on the kerb fracturing her skull, and she died.
Image of page 2
Image of page 3
This is the end of the preview. Sign up to access the rest of the document.
  • Summer '15
  • LINCOLNOONGE
  • Law, criminal law, person, ID parade

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern