CONFIDENTIAL

LW/APR 2008/LAW555/284

UNIVERSITI TEKNOLOGI MARA FINAL EXAMINATION

COURSE COURSE CODE EXAMINATION TIME

CRIMINAL LAW II

: : :

LAW555/284 APRIL 2008 3 HOURS

INSTRUCTIONS TO CANDIDATES

1.

This question paper consists of three (3) parts PART A (6 Questions) PART B (1 Question) PART C (2 Questions) Answer ALL questions from PART A, PART B and PART C in the Answer Booklet. Start each answer on a new page. Candidates are allowed to bring into the examination hall the Penal Code (without annotations). Candidates are not allowed to bring any material other than those allowed by the invigilator into the examination hall. 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 5 printed pages
Hak Cipta Universiti Teknologi MARA

CONFIDENTIAL

CONFIDENTIAL

LW/APR 2008/LAW555/284

PART A QUESTION 1 Minah, following a quarrel with Jonoh, threw the contents of her drink at him. The drink drenched Jonoh. Discuss the criminal liability of Minah. (5 marks)

QUESTION 2 Cornel, who had completed her chambering in Ga Tal's law firm, consented to sexual intercourse with Ga Tal, her master, in order to obtain continued employment as a legal assistant in Ga Tal's firm. Has Ga Tal committed any offence? (5 marks)

QUESTION 3 Zhivago deliberately fed Rasputin with a diarrhoea-inducing potion. The subsequent purging so weakened Rasputin that he lapsed into a life-threatening coma requiring intensive care in hospital for ten days. Is Zhivago liable for any criminal offence? (5 marks)

QUESTION 4 Ali is employed as a waiter in a fine dining restaurant in Kuala Lumpur. His boss has entrusted him with his antique car whilst he was away on a holiday. Ali has taken the antique car to an auction house which has valued the car at a market price of RM30, 000.00. He sold it to the auction house for less than the market price quoted. Discuss Ali's criminal liability. (5 marks) QUESTION 5 State two (2) differences between theft and extortion. (5 marks)

Hak Cipta Universiti Teknologl MARA

CONFIDENTIAL

CONFIDENTIAL QUESTION 6

LW/APR 2008/LAW555/284

Ali and Abu are twins. Whilst Abu is doing very well in his career, the same cannot be said of his brother Ali. Ali is a snatch thief. Money and other valuables obtained from his illegal activities are used to finance the purchase of a luxury car, a Mazda RX8 and a Harley Davidson bike. Both properties are kept at a house which he shared with his brother. Subsequently both properties were transferred to his brother Abu. One unfortunate day Ali was caught by the police. Both properties were confiscated by the authorities. Discuss whether Abu has committed any offence under the Penal Code. (5 marks)

Hak Cipta Universiti Teknologi MARA

CONFIDENTIAL

CONFIDENTIAL

LW/APR 2008/LAW555/284

PARTB QUESTION 1 Section 396 of the Penal Code provides for a very specific form of liability in the case where two or more persons combine together to commit gang-robbery and in the course of doing so committed murder. With reference to relevant cases discuss the following: a) Does section 396 of the Penal Code require persons involved know that murder may be committed by one of the accomplices during the robbery? (10 marks) Whether the persons involved in the gang robbery be physically present at the scene of the murder. (10 marks) What are the ingredients of the offence of gang robbery under section 396 of the Penal Code? (5 marks)

b)

c)

Hak Cipta Universiti Teknologi MARA

CONFIDENTIAL

CONFIDENTIAL

LW/APR 2008/LAW555/284

PARTC QUESTION 1

Alfa, while window-shopping, found a wallet containing RM 500. Beta had earlier dropped it. He removed the RM 500. As he was about to throw away the empty wallet, Beta accosted him. Uttering expletives, Beta demanded for the return of the money and wallet. Angered by Beta's foul language, Alfa picked up a stone and repeatedly hitting Beta on the head, killed him. Alfa then went to Beta's house and informed Lawa, Beta's wife, that Beta had died in a car accident and as proof, showed her Beta's wallet. Lawa collapsed of nervous shock. a) Has Alfa incurred any criminal liability in respect of his acts? (15 marks) b) If charged for the murder of Beta, what possible defence can Alfa successfully raise? (5 marks) QUESTION 2 A and B are partners in a construction company. Both are actively involved in the running of the company. Unknown to A, B has secretly siphoned-off money from the company for his personal use. In January 2008 B met C and introduced himself as Tengku B to C. B has asked C to set up a company with him. B has told C that he has the right connection within the construction industry as well as with the local authorities and that C should leave the managing of the company's financial matters to him. C believing that B would be able to manage their company well allows B to set up and run the company. B did not set up the company as promised but has instead used C's money to invest in an illegal betting company. Six months later C found out that B has lost all the money given to him. Angered by B's betrayal C and A have engaged a private investigator to trace the money that has been fraudulently taken by B from both of them. The private investigator has managed to trace the money as well as taken hold of B's secret diary. A and C have threatened to publish B's diary on the internet unless he repaid all the money owed to them. With reference to decided cases discuss the various offences that may have been committed by A, B, C and the private investigator. (25 marks)

END OF QUESTION PAPER

Hak Cipta Universiti Teknologi MARA

CONFIDENTIAL