Description

CRIMINAL PROCEDURE

Question One:

Ann was driving along Mombasa road when she had a tire burst at Kibwezi around 10.00 p.m. on the 10^th January 2015. She came out of her car to replace the damaged tire. In the pitch darkness of Kibwezi as she prepared to replace the tire, she was startled by a war cry from the bush as someone rushed towards her. Startled and shocked she screamed and ran down the road.

Gilbert who was preparing to go to sleep heard Ann’s cry and ran towards her direction and found her in shock. He escorted her back to her car, and assisted in the replacement the damaged tire. Ann at this point discovered that her laptop which was on the rear seat, her handbag and car stereo were missing.

The two drove to the nearest police station which was 20 Kilometers away and reported the theft.

On the 11 ^th January, 2015 at about 11.00 a.m. George was accosted by Grace, a police officer acting on a tip-off, while he was attempting to sell a car stereo and a laptop to Marion, a local butcher. The items were identified by Ann as belonging to her.

1. Advise the police on any offense (s) committed in the above set of facts.
2. Advise on the role of each of the parties in the proceedings
3. Draft an appropriate charge sheet

(25 Marks)