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LW/OCT 2010/LAW555/284

UNIVERSITI TEKNOLOGI MARA FINAL EXAMINATION

COURSE COURSE CODE EXAMINATION TIME

CRIMINAL LAW II LAW555/284 OCTOBER 2010 3 HOURS

INSTRUCTIONS TO CANDIDATES

1.

This question paper consists of three (3) parts PART A (5 Questions) PART B (2 Questions) PART C (1 Question) Answer ALL questions in the Answer Booklet. Start each answer on a new page. Candidates are allowed to bring into the examination hall the Penal Code (unannotated). Do not bring any material into the examination room unless permission is given by the invigilator. Please check to make sure this examination pack consists of: (i) Question Paper (ii) an Answer Booklet - Provided by the Faculty

2. 3. 4.

5.

DO NOT TURN THIS PAGE UNTIL YOU ARE TOLD TO DO SO

This examination paper consists of 6 printed pages
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CONFIDENTIAL PART A QUESTION 1

LW/OCT 2010/LAW555/284

One night, while sleeping in her bedroom, Cantik was awaken by sounds in her room. She was shocked to see Ganas, who was of big size, walking towards her intending to rape her. In the course of his attempts, Ganas sat on her chest to prevent her escape. When Cantik suddenly stop moving, Ganas panicked and fled. Cantik died due to the suffocation caused by Ganas sitting on her chest. Discuss the liability of Ganas. (6 marks)

QUESTION 2 Freddy, an expert in remote sensing, has created a device which can interfere with computer systems. Freddy in revenge against his ex-employer for sacking him used the device to interfere with the movements of the lift in his ex-employee's building causing a number of persons to suffer serious shock. Discuss Freddy's liability. (6 marks)

QUESTION 3 Hansom, a student at a private college dated Jenny, Datuk Kaya's daughter. Believing that Hansom was deeply in love with her as he claimed, Jenny submitted to have sex with him and found herself pregnant. However, Hansom denied falling for her and refused to accept responsibility for the pregnancy. Has Hansom committed any offence? (6 marks) QUESTION 4 One day, while sightseeing at Taman Tasik, Copet found a bundle of wrapped cloth under a bench. When he opened the bundle he found a pair of diamond earring and a gold bracelet engraved with Aisyah's name. He took them home and after a month, he pawned them to Ah Long Pajak Gadai for the amount of RM2,000. He intended to redeem them after two weeks. Discuss the liability of Copet. (6 marks)

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CONFIDENTIAL QUESTION 5

LW/OCT 2010/LAW555/284

Atlit is a sprinter. In the final of a 100 metre race, he was disqualified by Pengadil, the referee, on the ground that Atlit started before the whistle, and that while running, he had encroached into the other lane. Atlit was furious and punched Pengadil. As a result, Pengadil who suffered from osteoporosis, fainted and had to be admitted to a hospital. He is now paralysed on the left side of his body. Discuss Atlit's criminal liability. (6 marks)

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CONFIDENTIAL PARTB QUESTION 1

LW/OCT 2010/LAW555/284

Bruno is big fan of English football. While watching FIFA World Cup 2010 game between England and Germany at l-City stadium, a group of spectators supporting England were upset when Germany beat England and proceed to the semi final. Upset, when the goal scored by Lampard, the English player was declared void, the fanatic fans of England started to shout and throw bottles and canned drinks at the German supporters. Bruno started to tease the German supporters and shouted, who is crueler than Adolf Hitler? Provoked, Holger a German citizen, attacked Bruno. The day after the incident, Bruno was found shot dead in his apartment. Investigation reveals that Holger was the suspect for the murder of Bruno. Meanwhile Santo who witnessed the incident between Bruno and Holger at l-City took an opportunity to grab a Blackberry's handphone belonging to Bliss which fell to the ground when he was pacifying Holger and Bruno. Santo then produced the handphone to his girlfriend Cowok as a birthday present. a) Discuss the criminal liability of Holger. (5 marks) b) Discuss whether Holger can claim defence of provocation in the above situation. (10 marks) c) Has Santo and Cowok committed any offence? (10 marks)

QUESTION 2 Sayor and Labu are employed by Mandur to work at his factory. One day, Mandur was shocked to discover that his products had gone missing. Sayor, who was in charge of the property, was called to give an explanation. Sayor claimed that when he left the factory on the day in question, everything was in order and that Labu was the last person to leave the building. Suspecting Labu to be responsible for the loss, Mandur lunged towards Labu in a threatening manner saying, "if I cannot get back the property I am going to teach you a lesson that you will never forget for the rest of your life". Labu managed to avoid the blow from Mandur and escape. Angry with what had happened, Labu rushed to Sayor's house and took some valuable goods. This incident was witnessed by Kangkung who later threatened to report the matter to the authority. Fearful of being caught, Labu gave Kangkung RM500 to keep silent. He then left Sayor's house with the goods in his car. Constable Gagah who was assigned to investigate the case, had signalled a car driven by Labu to stop. Labu, refused to stop. Constable Gagah, to effect an arrest, fired one shot, killing Labu on the spot.

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CONFIDENTIAL

LW/OCT 2010/LAW555/284

a)

Discuss the criminal liability of Mandur. (5 marks)

b)

Discuss whether Constable Gagah can claim any defence in the above situation if charged with the murder of Labu? (10 marks) Has Kangkung committed any offence? (5 marks)

c)

d)

Discuss the liability of Labu with regard to the incident at Sayor's house? (5 marks)

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CONFIDENTIAL PARTC QUESTION 1

LW/OCT 2010/LAW555/284

If one member of a gang is guilty of committing or attempting to commit robbery in any one of the aggravating circumstances set out in section 397 of the Penal Code, can the provision of section 34 of that Code be invoked to support a charge against every member of the gang under the first mentioned section? per Willan CJ in R v Yeo Kim Watt [1946] MLJ 155 With reference to the above statement and decided cases, discuss the application of section 34 in relation to offenders charged under section 397 of the Penal Code. (20 marks)

END OF QUESTION PAPER

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