MAKERERE UNIVERSITY

SCHOOL OF LAW

FIRST YEAR EXAMINATIONS FOR THE DEGREE OF BACHELOR OF LAWS (LL.B)

ACADEMIC YEAR, 2023/2024- SEMESTER I

PAPER: L.1108 FUNDAMENTALS OF CRIMINAL LAW COURSE WORK

ASSIGNMENT

Date: Wednesday, 11 November, 2023 Time: 8:00 am-9:30am

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INSTRUCTIONS:

1. This is a take-home assignment;

2. Students are required to answer the question individually;
3. Submitting the same answers is prohibited and students that will do so will be heavily
penalized;
4. Plagiarism is strictly prohibited;
5. Students can either submit typed or hand written papers;
6. Students are required to physically submit their coursework papers to the Secretary
Department of Public and Comparative Law, School of Law, New Building Level 3.
7. Students are required to submit their coursework papers on Wednesday, 11 November,
8:00am-9:30am.
8. Late submissions will be rejected.
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Question

Sika a boda Boda rider was riding his motorcycle through Kampala city when though not his fault
he hit a pedestrian Zambi crossing the road. Sika could see that Zambi was knocked to the
ground and was bleeding, but he was in a hurry to get home to watch a football game between
Arsenal and Liverpool football teams on TV and so he drove away without stopping.

When he arrived home Sika discovered that his motorcycle’s mirror was damaged by the
accident, and so later that night, after drinking a few beers to work up his courage, he snuck into
his neighbor’s garage through an unlocked side door intending to take some tools to fix the mirror
he was scared off by the sound of the neighbor’s dog, and left before he found any tools.

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Zambi, meanwhile, lay in the street for an hour before being found by paramedics Lombo and
taken to the Khana hospital. It was determined that, because of how long she had been bleeding,
she would need a blood transfusion. She was given a transfusion of the wrong blood type by Dr
Zoe a Physician on duty at Khana hospital. This was a common mistake, but it nonetheless
caused her to lapse into a coma and eventually died 14 months later.

On another note, Saza a friend to Sika is a bank robber was planning his next heist. He sent an
SMS to Sika asking if he wanted a job as the getaway driver, but Sika had changed his phone and
so never saw the SMS. Saza then met with Brado and Carlo, who agreed to the plan; they
downloaded a map of the neighborhood to plan their getaway route.

Saza, Brado and Carlo planned to all meet the next day in front of the bank; they agreed that
Carlo would get there early and park the getaway car in front, and that Saza would bring a gun.
Carlo got to the bank before it opened and parked the car when he felt a wave of guilt and decided
he couldn’t go through with the plan. He walked away down the street, leaving the car parked in
front of the bank, and called the bank to tip them off about the impending heist.

Saza and Brado met in front of the bank. Brado stood watch outside while Saza went to up to the
bank teller and showed the teller the gun while demanding money. As Saza was leaving with the
money the bank’s security guard Sam shot at Saza and missed, accidentally killing a bystander,
Kas. Brado saw all of the above from outside the window; he started up the getaway car and
when Saza came out the two of them drove away.

Sika, Saza, Brado, Carlo and Dr Zoe have been arrested.

Discuss the criminal liability of Sika, Saza, Brado, Carlo and Dr Zoe. Your discussion should
cover the following:

(a) Whether there is actus reus and mens of the offences committed.
(b) Whether strict liability and vicarious liability offences were committed.
(c) How each of the parties participated in the commission of the offences.