Assignment Question

Trimester 2 - 2020/21

Subject Code UCR 2622

Subject Title: Criminal Law II

Three friends, Somu, Atan and John lived in the same residential area and were friends
for a long time. It was Somu`s birthday, so Atan and John invited him for dinner. They
had their dinner at a hotel. Somu had some alcohol but the other two men consumed soft
drinks. The three men were talking about getting rich fast and after much discussion,
Atan told them that they would never be rich fast if they only carried out legal and lawful
activities.

John then suggested that they could obtain credit card details of people from the internet
and use the details to manufacture their own credit cards. He also told them that they
could use these cards to buy anything without actually paying for the items. This idea
sounded very interesting to both Somu and Atan. The three of them, then discussed in
detail the methods of running their new “business” Finally, it was decided, that each of
them will go “phishing” for credit card details the following day.

Two hours later, as it was getting dark, Atan said that he would drive them home. As he
was driving, the men noticed Lolita, a young woman walking home from work. It was
almost 10.00 pm. The street lights were on and Somu saw her and he told them that he
wanted to have sexual intercourse with her. Atan then slowed down the car and Somu
pulled her into the car. Atan then drove to a nearby jungle so that Somu could have
sexual intercourse with her.

Lolita, was resisting but Somu dragged her into the jungle and eventually, had sexual
intercourse with her. Lolita was very bold and angry and in her anger she told them that
she would make a police report. This made Somu and John very afraid. The two men
realised that it would be dangerous for them to let her free. Somu slapped Lolita and
made sure that she was unable to move. He dragged her to a tree and started tying her to
the tree. John then immediately gathered some bushes around her and set her on fire and
both the men watched her till she died. The next day, a passerby saw the remains of
Lolita and all three were arrested.

Discuss the criminal liabilities of the parties under the following circumstances:

a) Somu, Atan and John when they were talking about “phishing” for credit card
details. ~Criminal conspiracy section120A
 b) Discuss if Atan would be held liable for aiding the offence of rape and Somu`s
liability for having sexual intercourse with Lolita. ~Abetment by intentional act
section 107(c)
~ Rape section 375(a) against her will

c) Assuming John is charged under s 302 for causing the death of Lolita. The
liability of John MUST NOT be discussed. Discuss the application of s 34 on
Somu and explain if he could be jointly liable for the murder of Lolita.

~Joint Liability section 34. Whether John and Somu will be liable for section 302 read
together with section 34?

Instructions

1) All assignment groups should consist of 5 members ONLY.

2) All assignment groups must be formed within the same tutorial group.
3) The assignment should not be more than 13 pages excluding the acknowledgment
page. The font type - Times Roman and font size 12. Spacing 1.5.
4) The assignment must have proper footnotes and no part of the assignment must be
plagiarised.

5) As for the format, the following rules must be adhered to:

i) The introduction must not be more than 300 words and it should only
outline the facts briefly;
ii) The contents must discuss only the offences and relevant defences if
available.
(a) Issues – Identify the parties and the offences that they may have committed;
(b) Relevant Cases and Laws - cite or state the relevant cases and laws;
(c) Application and Analysis - the cases and the laws cited/stated above must be
applied to the given facts. Based on the application of the cases and laws,
students must explain if the identified offences can be established. The
analysis must also explain (based on the facts) if the defendants could raise
possible defenses.
(d) Conclude if the defence/s would or not work.
6) Conclusion – an overall conclusion must be formed.

7) In addition to instruction No. 3, the assignment must be properly aligned. All facts
of cases, laws, sections, quotations and all other materials extracted or taken from
other sources MUST be typed in BOLD. This will indicate to the lecturers the
extent of literature that you have used in your assignment.

8) All other discussion, analysis, explanation or contribution should be written as

usual. (Follow instruction no. 3 and not in Bold)
9) Dateline for submission is the 15th of January 2021 by 5.00pm.

10) A maximum of 10 marks may be deducted if the above mentioned instructions are
not followed.

11) Group members must work together; the leader should outline each member`s
role after having a discussion with all the members.