TUTORIAL QUESTIONS FOR TUTORIAL PRESENTATION

*Note:
i. Each group need to choose and present ONE tutorial question only
ii. The presentation shall carry 10% of coursework mark.
iii. All members of the group need to contribute to the presentation. You will be
assessed individually and as a group.
iv. You may use any presentation aid for the purpose of presentation
v. Time allocated for a group should not exceed 25 minutes per group
vi. The presentation slot shall follow the question number chosen.

Tutorial 8

Alex was having an affair with Sally, who was the wife of a very rich businessman named
Datuk Khoo. One day, Datuk Khoo received a letter demanding payment of a large sum of
money with a photograph of Alex and Sally in a very shameful manner. The letter was signed
by Alex himself and this had enraged Datuk Khoo.

Datuk Khoo asked his friends to hunt down Alex. When he got the information as to the
whereabouts of Alex, Datuk Khoo went to confront Alex himself. After a heated argument,
Datuk Khoo picked up a wooden stool and tried to hit Alex. However, Alex was much prepared
and took out his gun before shooting Datuk Khoo at his head. Datuk Khoo died instantly. Alex
was later arrested for the death of Datuk Khoo.

Discuss Alex’s criminal liability if he claimed that he was protected under Exception 2 of
section 300 of the Penal Code.

Tutorial 9

Desmond was Girly’s boyfriend. One night, when Girly came over to Desmond’s apartment,
she caught him watching phonographic pictures and this caused a big argument between them.
Girly was very angry and she stormed out of the apartment. Desmond chased after Girly and
begged her to give him one more chance. Before Girly could walked down the stairs, Desmond
stopped her and they quarreled again. She walked away without looking back and Desmond
kicked her back. Girly rolled down the stairs before hitting the wall. She suffered concussion
before died two days later. Desmond was later arrested for Girly’s death and was charged under
section 304(a) of the Penal Code for culpable homicide not amounting to murder.

Based on the above:

a) Determine Desmond criminal liability.

b) Assuming that Girly did not die, yet, she suffered fracture of bone and need to be hospitalized
for a month. Determine Desmond criminal liability.

Tutorial 10

Ahmad was a security guard for a jewelry shop and he was armed with a loaded gun. One night
when his work almost ends, he saw a man wearing a full visor helmet walking in a suspicious
manner towards his shop. Ahmad became suspicion and stopped the man while requesting the
man to show his face. Ahmad at that time holds his gun in his right hand. As the man refused
to follow his instruction, Ahmad fired a warning shot on the air and suddenly the man plunged
Ahmad’s hand and in the struggle Ahmad discharged a shot which struck the man’s chest.
Ahmad immediately asked for help and the man was taken to the General Hospital where the
man was declared dead as a result of the shot.

Ahmad is now apprehended for the death of the man where Ahmad claimed that he did not shot
the man intentionally as it was an accident.

Based on the above assess Ahmad’s criminal liability.

Tutorial 11

Inspector Ali, a police officer, was in the Happy Bar at Bukit Beruang and was off duty at that
time. While waiting for his friend, one of the bar’s visitor, Muthu, thrown and smashed a glass
to the ground and create nuisance in the Bar. Inspector Ali spoke to Muthu and told him not to
throw glasses. However, Inspector Ali did not introduce himself as police personnel to Muthu.
When Muthu become aggressive, Inspector Ali took a bottle from the bar table and hit Muthu
on his head. Muthu felt to the ground bleeding furiously. Ali was shocked and eventually called
for help through radio transmission. Muthu where hospitalized for two months and according
to the medical report, Muthu's suffered fracture of the skull which was likely to have been
caused by a single blow of a blunt object.

Inspector Ali was charged for the injury caused to Muthu.

a) Determine Inspector Ali’s criminal liability and any possible defence that can be raised by
him.

b) Assuming that Muthu did not suffer grievous hurt, instead, he was later charged for using
criminal force against Inspector Ali when he had acted aggressively in the bar. Assess
possible defence Muthu can raise if he claimed that he was acted under the influence of
alcohol at that time.
Tutorial 12

Tommy, 11 years old school boy, was a slow learner and his friend, Ricardo, always made fun
of him. Ricardo often told the other boys that Tommy was stupid and he would never complete
his studies.

One day, Tommy went to Ricardo’s house with a badminton racket and swung the racket to
Ricardo’s face and told him not to make fun of him anymore. Ricardo’s parent saw bruises on
his face and lodged a police report against Tommy.

Tommy’s parents apologize to Ricardo for Tommy’s immaturity and that his injury was so
trivial which does not need to be complaint of. Ricardo’s parents reject the apology.

Discuss the possible offence and defence for Tommy.

Tutorial 13

1) Murder which is defined under section 300 is a species or ‘subset’ of the offence of culpable
homicide, which is defined in section 299.

Explain this statement by looking at the application of Special Exceptions under section
300 of the Penal Code.

2) Compare and contrast the elements of mistake as provided under section 76 and section 79
of the Penal Code.