UCR 2622: Criminal Law II

Tutorial Questions

Question 1 – Maximum 2 groups (Suggested Week: 5/6)

Abu organized a party to celebrate his daughter’s, Siti, 15 th birthday. Siti invited her
classmate and one of them was Susan. Siti dislikes Susan and Siti knew that Susan does
not know how to swim. Siti asked Susan to follow her to the poolside pretending there
was a surprise for her. When they were at the poolside, Siti immediately pushed Susan
into the pool and ran back into her house even though Susan was asking for help. Susan
almost drowned, but she was saved by Ali. Susan had to be hospitalized for several days
after that. Meanwhile, during the party, Atan, Siti’s cousin aged 21, had enticed Carla,
Siti’s classmate, to sleep with him. Carla agreed and they went to Atan’s house that night
without the knowledge of Carla’s parents and they have sexual intercourse.

a) Determine possible offence for Siti;

S.307 attempt murder. Siti have the knowledge that Susan do not know how to swim and her
act in pushing Susan show his intent towards the commission of murder. Moreover she
dislike Susan and she also made the preparation toward the commison of offence namely,
she requested susan to follow her to pool side as she pretend there is a surprise for her.

b) Assuming that Siti did not push Susan into the pool, instead, she pushed Susan into a
janitor room and locked her inside. Discuss Siti’s liability.
S.340 wrongful confinement

c) Determine liabilities of Atan;

Statutory rape, S.375(g)

Punishment under S.376 (1) if there is consent, no hurt cause.

Men against women

Sexual intercourse
No need ejaculation.
S.363 liable for kidnapping as well, without guardian consent.
S.363- not limited to “marriage” also illicit intercourse.

d) Assuming that when Atan was about to have sexual intercourse with Carla, he failed
to get an erection although they were already unclothed. Decide Atan’s liability in this
situation.
S.376 (1) read with S.511- no punishment only reduce to half
Highlight 4 elements of S.375 first
S.511-intention to rape, act proximate to the commission of rape. (How to prove- test)
Maximum 10 year (by half)
Question 2 - 2 groups (Suggested Week: 6)

Dol, Din and Danny had agreed to kidnap Datuk Mat’s daughter, Mimi, aged 15 years
old. They planned that Dol would wait outside Mimi’s school to take her while Din and
Danny would be waiting in the car to take them away.

On the agreed day and time, the three men executed their plan. Dol waited outside school
while Din and Danny watched him from a distance. While waiting for Mimi, the school
security spotted Dol who was standing in a very suspicious manner and approached him.
Dol was shocked and ran to the car. However, Din and Danny who saw the incident fled
the scene leaving Dol behind. Dol was handed to police custody for interrogation and Din
and Danny were later arrested for investigation.
a) Discuss the criminal liabilities of Dol, Din and Danny;

b) Assuming that, in the fact, Dol never met Din and Danny and never plan anything
with them. Din went to the school to take Mimi but before he could take Mimi away,
he was stopped by the security guard and Mimi was saved by them. Discuss Dol’s
liability in this situation

Question 3 - 1 group (Suggested Week: 6/7)

John, Tom and Carlo are best friends and they always do mischievous things together.
One day, they agreed and planned to injure Tim as they did not like him. The plan was
that Tom will bring Tim to a house, while John and Carlo will be waiting for them, and
they shall beat Tim together.

On the agreed day, John called Tom and Carlo stating that he will be late as he has an
urgent matter and promised that he will join them soon. However, the truth was that John
had abandoned his intention to join his friends as his father had warned him not to follow
Tom and Carlo anymore. Tom and Carlo decided to proceed with their plan without
waiting for John and Tom went to Tim’s house to look for him.

At Tim’s house, Tom found Tina, Tim’s sister aged 14 and he got aroused. Tom threaten
Tina and had sexual intercourse with her. Tom left Tina and went back to his house
without looking for Tim. Meanwhile, Carlo accidentally met Tim and he dragged Tim to
the place they arranged. Tim struggled to be released and finally, he managed to run away
from Carlo. Carlo also fled away and hide for a week until he and his friend got caught
by the police.

Discuss all possible offences in this situation.

Question 4 - 1 group (Suggested Week: 7)

1) Ben and Anna were lovers and they were 15 years old. Bill, Ben’s brother, always
provoked and insisted Ben bring Anna back to their home so that they can sleep with
Anna. Ben eventually agreed and one day, he persuaded Anna to have sexual
intercourse with him. Anna met Ben’s sister, Betty, and told her about Ben’s plan.
Betty did not say anything but she gave her some contraceptives and told Anna to use
them when they are having sexual intercourse. Ben was later arrested for committing
rape. Bill and Betty were also arrested.
 Discuss the liabilities of Bill and Betty.

2) Secondary offenders or those who assist principal offenders to commit crimes will
also be punished under several sections, one it if would be s 107.

Explain this statement.

Question 5 - 1 group (Suggested Week: 7/8)

Bobby admires Clara and told his friend, Johnny, about his intention to abduct and to
marry Clara. Johnny supported Bobby and convinced Bobby that Muthu will also join
them. All of them met and discussed the plan to abduct Clara. One night, Bobby took
Johnny and Muthu to Clara’s house and told them to execute their plan as agreed before.
They managed to take Clara that night and they brought Clara to Bobby’s apartment.

At Bobby’s apartment, Johnny and Muthu were told to stay and guard the door so that
Clara could not run away. They guarded the door for a while but they left some hours
later. After four days, Bobby, Johnny and Muthu were arrested by police after Clara
managed to escape from Bobby’s apartment and reported the matter to the police.

Discuss the liabilities of all the parties.

Question 6 - 1 group (Suggested Week: 8)

Paul, Danny and Matty were friends who often carried out criminal activities together.
They dislike Matty’s new neighbor, Mr. Joseph, who was a successful entrepreneur. The
three men planned to burn Mr. Joseph’s car and they agreed to meet later in the night to
then proceed with their plan.

That night, they went over to Mr. Joseph’s house and entered his closed garage. In the
garage, Paul threw a bottle of gasoline on Mr Joseph’s BMW car while Matty lighted the
fire. Before they ran away, they managed to take away Mr Joseph’s golf set which was in
the garage. The next day, all the three of them were caught by police as their actions were
recorded by CCTV.

The police also arrested Ben, who had concealed the golf set in his wardboard after being
asked by Danny, eventhough he knew that the golf set does not belong to Danny.

Discuss their criminal liabilities.

Question 7 - 1 group (Suggested Week: 8/9)

Juan and his best friend Jack deliberated on how they could enter into Carl’s house which
looked very posh. They decided that Juan would enter into Carl’s house by breaking
through the window and open the front door for Jack to enter. Carl’s maid, Tini, was
sleeping when she heard some noises and she woke up. Juan put a knife on her throat and
asked her to surrender her belongings to him. Tini was too afraid to refuse and she gave
Juan her brand new android phone.

Meanwhile, Jack took a beautiful flower vase, which he later gave to his sister, Lily, who
knew of his criminal adventure. She promised him that she would keep the vase safely.
Unfortunately, Lily’s son had broken the vase and when Jack discovered this, he became
very angry with his sister and he scratched her new sofa set.

Discuss the criminal liabilities of all the parties.

Question 8 - 1 group (Suggested Week: 9)

Bill, Josh and Don had planned to rob King’s supermarket. On the agreed night, Josh
waited inside the car parked outside the supermarket, looking after Bill and Don who
broke into the supermarket via the back door and they started to ransack the supermarket
to find the safe box. When they found the safe box, Don used his skills to break open the
box and they managed to take RM10,000 in cash. Besides that, Ben took a picture from
the box which was an obscene picture of the supermarket’s manager. Bill, who was the
former employee of the supermarket, then wrote a note stating that if the manager wants
the picture back, he must transfer RM10,000 to Bill’s personal account. Before they left,
Don damaged the CCTV camera of the supermarket and wrecked the cashier machine.
They distributed their proceeds and dispersed.

The next day, the three of them were detained by the police. Josh argued that he did no
wrong while Don and Bill denied any liability.

Determine the liabilities of all the parties

Question 9 - 1 group (Suggested Week: 9/10)

Sally was a cashier at YES Cafe in Melaka. One evening, she attended a lot of customers
while working alone and the last customer made his payment when she was about to
leave for the washroom. She received a sum of RM 50.00 from this customer and kept the
money inside her pocket. After her shift ended, she went to a sundry shop and used the
money inside her pocket to buy some groceries. She was aware that the money was not
hers, but she pledged to herself that she will repay the sum later. A day after, she was
called by her
supervisor who enquired her on a sum of RM 50.00 which was missing when she was on
duty.

a) Determine Sally’s liability if she kept silent and pretended that she was unaware of
the loss.

b) Explain the legal implication of section 409B of the Penal Code to the scenario above.