CONFIDENTIAL LWIDEC 2016/LAWS21 UNIVERSITI TEKNOLOGI! MARA FINAL EXAMINATION COURSE ; CRIMINAL LAW AND EVIDENCE COURSECODE = :_ LAWS521 EXAMINATION : DECEMBER 2016 TIME 3 HOURS 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 any TWO (2) questions from PART B and ALL questions in PART C 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 i) Criminal Procedure Code iii) Evidence Act 1950 4 Do not bring any other material into the examination room unless permission is given by the invigilator, 6. Please check to make sure that this examination pack consists of i) the Question Paper ii) an Answer Booklet ~ provided by the Faculty 6. ‘Answer ALL questions in English. DO NOT TURN THIS PAGE UNTIL YOU ARE TOLD TO DO SO This examination paper consists of 4 printed pages (© Hak Cipta Universiti Teknologi MARA CONFIDENTIAL,CONFIDENTIAL 2 LWIDEC 2016/LAW521 PARTA QUESTION 1 Discuss the elements of instances of mistakes bound by law as provided in Section 76 of the Penal Code (Act 574), (6 marke) QUESTION 2 Dr. Koch was approached by Nina who was suffering from a very serious case of appendicitis. Upon examination, Dr. Koch discovered that a surgery was necessary but the risk of death to Nina was high, This fact was made known to Nina, however Nina insisted that the surgery be carried out since the pain was unbearable, Dr. Koch proceeded with the ‘surgery but Nina subsequently died in the operation room, Explain the defence(s) available to Dr. Koch should he be charged for causing the death of Nina, (6 marks) QUESTION 3. Joni is @ professional thief. While trying to cut the iron grills of a shop with a blowtorch, he set the shop building on fire, Discuss whether Joni can claim the defence of accident for setting the building on fire. (@ma rks) QUESTION 4 ‘Omega, who had consumed alcohol, querrelled with Rasputin but they were separated before a fight occurred. Unsatisfied ‘but stil in the state of drunkenness, Omega then obtained a parang and went in search for Rasputin. When he found Rasputin, he slashed him to death. Discuss the defence(s) available to Omega for causing the death of Rasputin. (6 marks) QUESTION 5 Ali went to @ supermarket. He took @ packet of chocolate and placed it in his pocket for convenience. He then proceeded to pick up a few other items and paid for them at the cashier's counter. He had however forgotten about the chocolate. He was abruptly stopped by the security guard and was arrested on allegation of shoplifting, Discuss the liability of All for the offence of shoplifting. (6 marks) (© Hak Cipta Universiti Teknolog! MARA. CONFIDENTIAL,CONFIDENTIAL 3 LWIDEC 2016/LAWS21 PARTB. QUESTION 1 Discuss the significance of an expert in a criminal case. Illustrate your answer with relevant examples. (20 marks) QUESTION 2 With reference to relevant cases, explain the general exceptions as provided in Section 82 and Section 83 of the Penal Code (Act 574). (20 marks) QUESTION 3 Explain the requirement of mens rea in a strict liability offence. Substantiate your answer with relevant case law. (20 marks) (© Hak Cipta Universit Teknolog! MARA CONFIDENTIAL