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PUL341-2021

The document contains examination questions for the course 'Criminal Law I' at the National Open University of Nigeria, focusing on various legal scenarios and concepts. Students are instructed to answer one primary question and any three additional questions, covering topics like criminal liability, mens rea, and defenses in murder cases. The questions involve hypothetical situations requiring legal analysis of actions and consequences related to criminal law.

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boljay2017
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55 views2 pages

PUL341-2021

The document contains examination questions for the course 'Criminal Law I' at the National Open University of Nigeria, focusing on various legal scenarios and concepts. Students are instructed to answer one primary question and any three additional questions, covering topics like criminal liability, mens rea, and defenses in murder cases. The questions involve hypothetical situations requiring legal analysis of actions and consequences related to criminal law.

Uploaded by

boljay2017
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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NATIONAL OPEN UNIVERSITY OF NIGERIA

FACULTY OF LAW
DEPARTMENT OF PUBLIC LAW
2021_1 EXAMINATION QUESTIONS

JUNE, 2021 EXAMINATION 12345

COURSE CODE: PUL341


COURSE TITLE: CRIMINAL LAW I
CREDIT UNIT: 4
TIME ALLOWED: 3HOURS

Instruction: ANSWER QUESTION 1 (ONE) AND ANY OTHER 3 QUESTIONS.


ALL QUESTIONS CARRY EQUAL MARKS (15 MARKS) EXCEPT
QUESTION 1 WHICH CARRIES 25 MARKS.

1a. Explain the legal term “Novus Actus Interveniens.

1b. Peace and Comfort decided to visit an art museum. While there, Peace begins to
taunt Comfort that she looked like one of the paintings in the museum. Comfort
becomes incensed and pushes Peace, who falls onto a priceless painting causing
serious damage to it. Pius a security guard arrives at the scene and tells them that
he is going to call the police. Peace shouts at him to back off, we haven‟t done
anything and pushes him. Pius loses his balance and falls hitting his head. His
injuries are more severe than would normally be expected because he has an
abnormally thin skull. Peace and Comfort run out of the museum. When Pius who is
unconscious arrives at the hospital, Dr. Sahed prescribes medication which Pius
was allergic to and as a result dies. Discuss the criminal liability if any, of Peace
and Dr. Sahed

1c. Victor pointed a native charm called Onye uku at Ikenna who owed him money and
said: „since you refuse to pay me my money, this charm will kill you and you shall
no more eat or drink. Victor left the charm at Ikenna‟s house. Ikenna became
depressed and six days later he went out and hung himself on a tree. Discuss
Victor‟s criminal liability if any.

2. Garuba, Ahmed are two friends that reside in the same accommodation. For some
time now, whenever they are watching football, they always have heated arguments
resulting in fights over their favorite football club. In one of the fights, Hassan who
had come visiting tried separating them. Garuba shouted at Hassan “you idiot, thief
and a no good, when real men are talking, you should not talk”. Hassan angrily
picked up a stone and hit Garuba on the head. Garuba slumped and died a week
later in the hospital. Ahmed seeing the anger in Hassan tried running away. Hassan
chased him and punched him in the eye causing him serious bodily harm. Discuss
the criminal liability of Hassan if any.

3. The requirement of mens rea may be negative in exceptional circumstances.


Examine the circumstances.

4. Smith drives a hilux van that supplies goods to a certain company. On one of such
trips, the hilux carried stolen goods, a fact known to Smith. He was ordered by the
Police to stop and leave his vehicle. Smith panicked and accelerated away with the
Police Officer still holding unto the vehicle at high speed. The officer fell under the
wheels of an oncoming vehicle causing his death. As a prosecutor, what will you
charge Smith for and why?

5. There is a thin line between mistake of facts and mistake of law, explain.

5b. Mr. Java is an employee in an ammunition depot. During the forenoon on a


particular day, he went with his co-employees towards the place of incidence with
the intention of shooting a hyena which was seen on the locality on the previous
day but they honestly believed had reappeared. Visibility was poor due to the
drizzling of the rain. All persons were under the belief that a moving object sighted
by them was a wild animal. Mr. Java fired a gunshot at the moving object, and to his
surprise, the object aimed at and shot was found to be a human being who died on
the spot. Mr. Java is charged for murder. Advise him on the defence available to
him and why?

6. Vincent a police sergeant stopped Abel, a bus driver on his way to pick passengers.
Vincent had earlier complained of not being given enough money by the driver the
previous time and stated that he was going to discipline the driver Abel. He tried to
flush out attaches in Abel‟s vehicle and slapped him. This infuriated Abel who then
shouted at Vincent. Vincent shot at Abel who eventually bled to death. Vincent is
claiming that it was an accidental discharge. Determine his liability.

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