1. Harry and Henry are twins and they look similar to each other.

r. One day, Harry decided to play a joke on

Jenny, Henry’s girlfriend by climbing a ladder to the open window of Jenny’s bedroom. Jenny who
thought it was Henry made herself clear that she wished to have sexual intercourse. Without saying
anything, Harry continued climbing into the room and got into bed with Jenny and had sexual
intercourse with her. When it was over, Jenny realized that it was not Henry that was beside her. She
was extremely angry and told Harry to leave.

Discuss the criminal liability(ies) of Harry if any.

What is/are the defence(s) that available to Harry if he was charged with rape

2. Discuss the elements of statutory rape & the punishment provided under Malaysia Penal Code.

3. Discuss the necessary elements to be established in order to prove criminal liablity of an accused
person.

4. Alyaa lived in a woman’s hostel. One night, at about 3 am, she woke up when she hear suspicious noise
in her room. She was very shocked when she saw an oily man had just broke into her room and holding
her clothes while smiling at her. In fear, Alya took a knife and stabbed the man to death. Is there any
defense(s) available for Alya?

5. Discuss the 4 theories of punishment in details.

6. Mujibur previously had a medical history of severe depression and is still dependant on medication. One
day, he saw his girlfriend Safura with another man, Salman were having dinner together. They were
sitting so close to one another and Mujibur felt so jealous and wanted to kill Salman. He then went back
to his house, however he could not sleep as he kept imagine that Safura and Salman were still together
at that time. Blinded by his jealousy, he took a knife and went to Salman’s house with intention to kill
Salman that night. As soon as Salman opened up the door, Mujibur stabbed him to death. Safura
screamed for help when she saw Salman lying on the floor. Mujibur felt provocated by Safura’s action,
stabbed her in the chest, and Safura died due to severe injury.

Mujibur was charged with murder. As a defence lawyer of Mujibur, discuss the posible defence(s) that
may be available to him.

If Mujibur was found guilty of murder, what is the most appropriate theory of punishment for the
sentence he will undergo?