STUDENT 1D NO wwrmeor (SW uwvessiry [ TTT MULTIMEDIA UNIVERSITY FINAL EXAMINATION, TRIMESTER 1, 2015/2016 St ON UCR 2612 - CRIMINAL LAWI (All Seetons / Groups) 1ZOCTORER 2015 Reading Time : 230 pm2.45pm Answering Time: 245pm~ 5.45pm (GHous) INSTRUCTIONS TO STUDENT 8 Suudents will have fifteen minutes during which they may read the paper and make igh notes ONLY in their questen paper. Students then have the remaining THREE HOURS in hich to answer te questions This Question paper consists of 3 pages with § Questions oaly Attempt FOUR out of FIVE questions. All questions carry equal marks and tre Aistibution ofthe marks foreach quesion is given. Question ONE is compulsory Students ar allowed to bring into Exanination Hall a CLEAN and ORIGINAL copy OF the Peral Code. Pleate write your answers in the Answer Rooklet providedQUESTION 1 (Compulsory Question) Aloe and Sarah were husband and wife but they quarrelled often, After many years of ‘unhappy mariage, Sarah wanted a divorce from Alloe. Sarah left their matrimonial home land stayed temporarily with Delilah who was her childhood friend. One day Alico came ‘over to Delilah's house with the purpose of asking Sarah to retum home with him. Sarah refised and her refusal made Alloe very angry. He slashed Sarah with the parang that he ‘had hidden underneath his shir. Sarah was badly injured. Delilah managed to stop him and rushed her tothe hospital. Sarah however, died in the ambulance 4) Discus Aloe xitminal abit (15 marks) fi) Would your answer be different if Allo slashed Delilah thinking that she was Sarah? (UO marks) (Total: 25 marks) QUESTION? ‘Meliss and Scarcerow were very good friends. However, Melis didnot ike the faet tha Scarecrow was e chain smoker. One day they were walking along the man road and saw a billboard that had an advertisement which discouraged stoking. Meliss then started to speak about the disadvantages of smoking. Searcerow became very agiated and threw wey the cigarette that he was smoking. Ata distance they saw two chile playing ina Feld, Since it had not rained for a while, the cigarette caused a fire immediately. Melisa tried to put out the fre but Scarecrow decided to run for his lf. The vext day, it was reported inthe local newspaper that two the children who were playing inthe fled died asa result ofthe ire. {@) Advise the Prosecution the aerus reus ofthe offence canbe established, (ismarks) (Gi) Would your answer differ if Melisa had immediately elled the paramedies and rushed one of surviving child othe nearest hospital. The diver however, drove the ambulance into a ditch and they arrived almost three hours later. The child was pronounced dead upon arrival and Melisa was informed that ifthe child kad arsived cles the doctors could have saved her. (10 marks) (Toial: 25 marks) Continued.IUESTIO’ (Describe by citing relevant case law when a defendant could be tld Fable although his actus reus and mens req did not coincide (15 masks) (ii) Explain the principles and application of section 80 ofthe Penal Code a8 a good 1and complete defence agains criminal charge. Support your answer by citing relevant cases (1Omarks) ‘Toul: 25 marks) QUESTION 4 Alii a police officer wino has been assigned @ 24 hour working shift. Unfortunately when fis sbift almost ended, a case involving Raju, s drunken motorist, who had assaulted another road user, was referred to him. He was already exhausted when he had ‘o face Raj’'s menace and noises. Rau kicked and punched Ali st his axdomen when Ali ied fo keep him in the lock-up. Being furious and hurt, Ali gave Rau a few blows at Raju's face eausing a deep cut and bruises and broke Raju’s nose and ja. Raju was ‘brought 1 hospital Ister for further teatment and was hospitalized for 3 days due to his injuries. Based on the above: 1} Discuss the criminal ability of al the paris (1S marks) 4i) Determine possible defences tat can be relied on by al the partes (10 marks) (Tota 25 marks) watsQUESTIONS [ina was dviving her 2ew sport car through an old state road in Kampar she was heading back to her vilage in Kedah for Hari Raya. The toad isa single lane with two directions and the trafis was quite Busy with vehicles in both ways. Being so anxious to farive at her village in her new cat. she drove consistently at 100 km per hour and fvertook all other vehises in front of her. Ata comer, without giving any warning oF Sign of her approach, she asempied ly overtake a motoreyse ride by A San, allowing fave very most afew inches of clearance. Due to the impact of her speed and ver litle room for Ah Sen to avert, Ab San was throw to the side of the road. Ah San was pronounced death at Kampar Hospital due to severe head injuries Acting on public inforation, the police arrested Nine i) Can Nina be convicted of an offence under the Penal Code? (aS marks) i) Examine the applicability of defence of mistake in Nina's situation should she claim that she thought the room was sufficient for Ala San to ride and that she thought thatthe spocd atthe area was 110 km per hour. 10 macs) (Total: 28 marks) nd of Page