Course Code : L114
Course Name : Criminal Law
School : School of Law
Semester : Semester 2 – 2021
Level : Undergraduate
Location : Leopards Hill Campus
Contact Times : Up to 4 hours per week
HEAD OF DEPARTMENT (HOD) COURSE COORDINATOR COURSE LECTURER
Name: Ms. Chizinga, Mwaka Name: Ms. Mwanza, Lumbiwe Name: Ms. Mwanza,
Lumbiwe
Mobile: +260953332643 Mobile: +260965506192
Mobile: +260965506192
Email: mchizinga@unilus.ac.zm Email: lmwanza@unilus.ac.zm
Email:
lmwanza@unilus.ac.zm
Office Hours for Queries:
14:00HRS to 16:00HRS
Monday to Wednesday
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COURSE DESCRIPTION
This course is designed to provide the student with an understanding of how
to identify a crime, various implications of a criminal act, and the principles
related thereto. Much of what shall be done in class is taking different angles
on a given issue: being able to see issues from a variety of viewpoints is a
crucial part of legal training.
Course Rationale
Criminal law is an area of law with which most students shall feel closely
familiar, not least thanks to the enduring popularity of TV crime dramas. It is
also one of the more immediately accessible areas of law; we can all readily
grasp the facts of these sorts of cases and so have a stab at the legal,
philosophical, and policy questions to which they give rise. Criminal law
therefore invites us to reflect on what behaviour we as a society deem to be
so bad that they merit prosecution and punishment by the State, rather than
being left to private individuals to resolve through civil proceedings and
compensation.
Course Aims
It is intended to give a useful introduction to law as well as to acquaint
students with the main sources of the criminal law. It provides students with
an opportunity to discern the general principles underlying its theory and
operation.
Course Objectives
To provide students with a critical introduction to the different
approaches to substantive and procedural criminal;
To develop the students’ critical awareness of the development of
criminal law.
Students will understand the general principles and characteristics of
criminal law, including the role of punishment, the various ways of
classifying crimes, the parties to crime, the elements of defences to
crimes and inchoate crimes.
Course Learning Outcomes
At the successful completion of this course, students will be able to:
Outline the function of criminal law in society;
Recount the basic principles of criminal law, and the context of their
development and application;
Describe and apply the rules of criminal law;
Solve realistic problems with reference to case law and legislation;
Critique the development of criminal law in relation to particular
offences and defences.
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COURSE CONTENT
PART I: INTRODUCTION
Unit 1: Introduction to Criminal Law
1.1 Purpose; Sources of Criminal Law; Defining a Crime; Classification of
Offences; Burden and Standard of Proof; Presumption of Innocence;
1.2 Zambia’s Criminal Justice System.
PART II: THE GENERAL PRINCIPLES OF CRIMINAL LIABILITY
Unit 2: Actus Reus
2.1 Elements of the Crime; Defining and Proving Actus Reus;
2.2 Conduct must be Voluntary; Automatism
2.3 Omissions; Causation
Unit 3: Mens Reus
3.1 Mental Element; Intention / Motive;
3.2 Recklessness (recklessly);
3.3 Negligence;
3.4 Knowledge (knowingly); Wilfulness (wilfully);
Unit 4: Strict Liability Offences
4.1 Meaning of Strict Liability
4.2 Strict Liability Offences
4.3 Defences to strict Liability
PART III: TYPES OF OFFENCES
Unit 5: Non-Fatal Offences against the Person
5.1 Common Assault and Battery
5.2 Causing Bodily Harm
5.3 Administering Poison
Unit 6: Homicide
6.1 Murder – Definition, Actus Reus, Mens Rea (Intention, Reckless,
Negligence)
6.2 Special Defence - Provocation
6.3 Manslaughter – Voluntary & Involuntary Manslaughter
6.4 Infanticide
Unit 7: Sexual Offences
7.1 Sexual Offences
7.2 Rape
7.3 Indecent Assault
7.4 Defilement
7.5 Incest
Unit 8: Offences against Property
8.1 Theft
8.2 Robbery and Extortion
8.3 Burglary and House Breaking
8.4 Receiving / Handling Stolen Property or Unlawfully Obtained
Unit 9: Criminal Damage
9.1 Destroy or Damage Property belonging to another
9.2 Endangering Life
9.3 Arson
9.4 Threat to Destroy or Damage Property
Unit 10: Offences Involving Deception
10.1 Forgery
10.2 Making False Documents
10.3 Obtaining Property / Services by Deception
10.4 Obtaining a Pecuniary Advantage
Unit 11: Offences against Public Order
11.1 Offences against the State
11.2 Treason
11.3 Inciting Mutiny (Soldiers, or Police)
11.4 Sedition
11.5 Offences against Public Safety
11.6 Unlawful Assembly and Riots
11.7 Disorderly Behaviour in Public Place
11.8 Offences against Public Authority
11.9 Contempt of Court
PART IV: GENERAL DEFENCES
Unit 12: Defences
12.1 Justification and excuses
12.2 Mental Incapacity
12.2.1 Infancy/Lack of Age
12.2.2 Insanity
12.2.3 Diminished Responsibility
12.3 Mistake
12.4 Intoxication
12.5 Conduct Deemed Permissible
12.5.1 Consent
12.5.2 Self-defence (and Prevention of Crime)
12.6 Circumstances as basis of Defence
12.6.1 Necessity
12.6.2Duress
PART V: PARTICIPATION IN A CRIME
Unit 13: Parties to a Crime
13.1 Principal Offenders
13.2 Secondary Parties
Unit 14: Inchoate / Preliminary Offences
14.1 Attempt
14.2 Conspiracy
14.3 Incitement
PART VI: PUNISHMENT AND PRINCIPLES OF SENTENCING
Unit 15: Punishment
15.1 Legal Punishment
15.1.1 Justification for Punishment
15.1.2 Powers of Criminal Courts in Zambia to Inflict Punishment
15.2 Theories of Punishment
15.2.1 Retribution
15.2.2 Deterrence
15.2.3 Incapacitation or Protection of the Public
15.2.4 Rehabilitation / Reformation
15.2.5 Denunciation
Unit 16: Sentencing Principles
16.1 Imprisonment
16.2 Suspended Sentence
16.3 Probation
16.4 Community Sentence
16.5 Pardon
16.6 Fine
16.7 Deportation
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Methods of Instruction
L114 will be delivered through combination of lectures, seminar presentations
and discussions.
Course Assessment
The Course will be assessed through coursework and final examinations. The
coursework will carry 30 percent, while final University examination will carry
70 percent. The coursework marks (Continuous Assessment (CA)) will be
distributed as follows:
Assignment : 10 marks, Test: 20 marks, Total 30 marks
Final Examination : 70 marks
Final Total : 100%
Marks Grades Points Classification
86% - 100% A+ 5 Distinction
76% - 85% A 4 Distinction
66% - 75% B+ 3 Meritorious
61% - 65% B 2 Satisfactory
56% - 60% C+ 1 Clear Pass
50% - 55% C 0 Pass
0% - 49% D 0 Fail
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Prescribed Readings
1. Kulusika, S.E., 2006. Text, Cases, and Materials on Criminal Law in
Zambia. UNZA Press.
2. Card, R., Cross, R. and Jones, P.A., 2014. Card, Cross and Jones
criminal law. Oxford University Press, USA.
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Recommended Text Books
1. Herring, J., 2014. Criminal law: text, cases, and materials. Oxford
University Press, USA.
2. Allen, M., 2001. Textbook on criminal law. Oxford University Press.
C.M.V. Clarkson & H.M.
3. Clarkson, C.M., Keating, H.M. and Cunningham, S.R., 1994.
Criminal law: text and materials (pp. 506-9). London: Sweet &
Maxwell.
4. Smith, J.C., Smith and Hogan, Criminal Law, 8th edn, 1996.
Statutes
1. The Penal Code, Cap 87 of the Laws of Zambia
2. The Criminal Procedure Code Cap 88 of the Laws of Zambia
