CONFIDENTIAL LWIJUN 2018/LAW521 UNIVERSITI TEKNOLOGI MARA FINAL EXAMINATION COURSE ; CRIMINAL LAW AND EVIDENCE COURSE CODE : LAWS24 EXAMINATION, : JUNE 2018 TIME : 3HOURS INSTRUCTIONS TO CANDIDATES, 1 ‘This question paper consists of three (3) parts: PART A (5 Questions) PART B (3 Questions) PART C (1 Question) 2 ‘Answer ALL questions in PART A and PART C and any two (2) questions in PART B in the Answer Booklet. Start each answer on a new page. 3 Candidates are only allowed to bring the following into the examination hall (unannotated): i) Penal Code li) Criminal Procedure Code iil) Evidence Act 1950 4 Do not bring any other material into the examination room unless permission is given by the invigilator. 5. Please check to make sure that this examination pack consists of: ji) _ the Question Paper i) an Answer Booklet ~ provided by the Faculty 6. ‘Answer ALL questions in English. DO NOT TURN THIS PAGE UNTIL YOU ARE TOLD TO D0 SO This examination paper consists of 6 printed pages (© Hak Cipta Universit Teknologi MARA CONFIDENTIALCONFIDENTIAL, 2 LWIJUN 2018/LAWS21 PART A QUESTION 1 Ali confronted Kasim with a loaded gun. He aimed the gun at Kasim and shouted; “You should die!". Without realizing that the gun has its safety mechanism, Ali pulled the trigger without unlocking the lock. The gun did not fire. Can Ali be made liable if he is charged for an attempt to kill Kasim? (6 marks) QUESTION 2 Mohsin who was due to sit for his Mathematic test, intended to cheat during the test. Mohsin consulted Azam and told him of his plan. Azam agreed to help Mohsin by lending his calculator with a secret compartment to hide the formula. Mohsin was caught using the formula during the test. He was charged for cheating ‘Azam wishes to know whether he can be made liable for abetting Mohsin to cheat during the test. (6 marks) QUESTION 3 Husin is involved in a religious cult which promotes violence. The spiritual leader has influenced all his followers to obey all orders or face death. Anyone disobeying his order will be killed, Husin believed in the threat given by his spiritual leader. He was given the ultimate task of setting some explosives to a school building which the religious leader claims is used by ‘allies of Satan’. Husin is arrested while he is about to place the explosives in the school building. Husin claimed that he has to obey the instructions or else he will be Killed by his leader. Discuss whether defence of duress is available for Husin. (6 marks) QUESTION 4 Rosli, a police officer was ordered by his superior to arrest Aishah. After due investigation, Rosli arrested Aishah without knowing that Aishah has an identical twin sister, who is the actual suspect. Rosli wishes to know if he is charged for wrongful arrest, is there any defence which may be available for him (6 marks) (© Hak Cipta Universiti Teknologi MARA CONFIDENTIALCONFIDENTIAL 3 LWIJUN 2018/LAW521 QUESTION 5 Explain the elements for the defence of insanity under Section 92 of the Penal Code. ‘Support your answer with statutory provisions and decided cases. (6 marks) © Hak Cipta Universiti Teknologi MARA CONFIDENTIAL,