lOMoAR cPSD| 67691079
SEMESTER OCTOBER 2021 - JANUARY 2022
LAW 555 - CRIMINAL LAW II
FINAL EXAMINATION
PREPARED BY:
NO. STUDENT NAME MATRICS GROUP
1. 2020988269 LWB04D
NUR SYADINAR QHALEDA BINTI ZAINAL
ABIDIN
LECTURER’S NAME: SIR
ASHRAN BIN HJ IDRIS
SUBMISSION DATE:
11th FEBRUARY 2022
SUBMISSION TIME:
6PM
QUESTION 1
James was a cadet student enrolled at a military academy. Coming from a poor family, James
had always been an outcast among his peers. Bullying activity is quite a common occurrence
at the academy and it has come to be part of the ‘norm’ among the cadets. It is also
commonplace that certain groups of students regularly take matters into their own hands
whenever there are problems or issues to be dealt with.
On this occasion, a fellow cadet’s new laptop computer has gone missing and James was
suspected since he was the only person who stayed in the dorm while everyone was out for the
morning physical exercise.
, lOMoAR cPSD| 67691079
Adil led a group of five others to confront James about the missing laptop. James denied any
knowledge but Adil and his friends were convinced that James took the laptop. Adil and his
friends then beat James up to exact an admission from him. They slapped, punched, and kicked
him continuously but still James would not admit to the theft. Adil then asked Joe to go get a
steam iron. Joe proceeded to break one of the junior cadet’s lockers, whom he knows owns a
steam iron. Joe took the iron to Adil. Adil then turned the iron on and used it on various parts
of James' body. James screamed in agony, but still he would not admit to the theft. Parts of his
face and body, including his genitals were scalded due to the heat of the steam iron. James
eventually collapsed and Adil and his friends left him. Joe took the iron and when he saw that
some of James' skin tissues were stuck to it, threw the iron into a river behind the academy.
James later succumbed to his injury and medical evidence confirmed that he died of cardiac
arrest due to extreme shock. The medical examiner however added that, it is not usual that
death may result from such injuries but it is not impossible. Meanwhile, the junior cadet whose
iron was taken by Joe, filed a police complaint about his missing iron.
As a prosecutor, explain the appropriate charge to be made against Adil, his friends and Joe:
(a) In relation to the death of James;
(b) In relation to the taking of the iron steam.
(20 Marks)
QUESTION 2
Lazim is married to Tinah who has a 17-years-old daughter, Selini. Tinah’s former husband
Brad was Lazim’s rival and Lazim has always been bitter towards him for marrying Tinah
earlier, despite knowing that Lazim had feelings for her. However, when Tinah and Brad’s
marriage broke up, Lazim took the opportunity to marry her.
Tinah’s daughter, Selini was a rather morally corrupt girl and had lost her virginity the year
before. This may be due to her parent’s bad marriage and the lack of attention while she was
growing up. Of late, Selini had been very close to Lazim and had made various sexually
oriented advances towards him. On one occasion, Lazim, who was a little drunk came home to
find Selini alone. Selini was asleep on a couch wearing only her undergarments. Lazim became
turned on and grabbed Selini in order to have sexual intercourse with her. Selini struggled and
protested but was no match for Lazim’s strength. Lazim managed to force himself on her and
they had sexual intercourse for a short while.
After the first incident, Lazim and Selini ended having sexual intercourse on a regular basis
whenever Tinah is away. Selini was eventually pregnant with Lazim’s baby. Tinah was furious
when she found out and threatened to report the matter to the police unless Lazim pays her
, lOMoAR cPSD| 67691079
RM500,000. Lazim, who’s a multi-millionaire, paid her off to keep her mouth shut and to keep
the matter within the family.
When her pregnancy advanced, Selini experienced some complications and had to be sent to
the hospital. The gynaecologist attending to her, learnt about how the pregnancy came about
and reported the matter to the police.
Lazim was later arrested.
Explain the criminal liabilities of Lazim and Tinah in relation to the above.
(20 Marks)
QUESTION 1(a)
First issue that can be derived from the above situation is whether Adil and his other
friends have committed murder under Section 300 of the Penal Code by causing the death of
James.
Crime is an unlawful act or omission that becomes an offence against the public and it
causes the persons who committed the crime to be responsible and punished according to law.
As a result of the crime, a punishment will be carried out by the nation as it is considered a
wrongful act against the public in large.
General principle of a crime provided that a person cannot be said as guilty of an offence
unless his guilt is proven beyond the reasonable doubt. There are two elements that need to be
successfully proven in order for a person to be charged with a crime. Firstly, actus reus or
wrongful act. As defined in Section 33 of Penal Code1, act denotes as well as series of acts as
a single act. Actus reus must be committed by a person on his own will or voluntarily which
simply means that a person who has acted against his will or acted due to external causes or
disease of mind are released from the burden of actus reus. The Latin maxim “actus non facit
reum, nisi mens sit rea” which can be translated as “an act does not make a person guilty
unless it is accompanied by a guilty mind” can be seen upholding the general principle.
Second element of crime is the mens rea or guilty mind. A person who committed actus
reus must be accompanied by mens rea. This is to ensure that a person is indeed in the
circumstances where he can be put with responsibility for his crime. As for mens rea, there are
a lot of situations that can be seen proving the existence of a guilty mind such as intention,
knowledge, rashness, negligence and malice. A Latin maxim which reads, “acta exteriora
indicant interiora secreta'' can be seen pressing on the existence of intention of a person's
action in order to determine whether a crime had been committed. By fulfilling both actus reus
1 Penal Code (ACT 574)
SEMESTER OCTOBER 2021 - JANUARY 2022
LAW 555 - CRIMINAL LAW II
FINAL EXAMINATION
PREPARED BY:
NO. STUDENT NAME MATRICS GROUP
1. 2020988269 LWB04D
NUR SYADINAR QHALEDA BINTI ZAINAL
ABIDIN
LECTURER’S NAME: SIR
ASHRAN BIN HJ IDRIS
SUBMISSION DATE:
11th FEBRUARY 2022
SUBMISSION TIME:
6PM
QUESTION 1
James was a cadet student enrolled at a military academy. Coming from a poor family, James
had always been an outcast among his peers. Bullying activity is quite a common occurrence
at the academy and it has come to be part of the ‘norm’ among the cadets. It is also
commonplace that certain groups of students regularly take matters into their own hands
whenever there are problems or issues to be dealt with.
On this occasion, a fellow cadet’s new laptop computer has gone missing and James was
suspected since he was the only person who stayed in the dorm while everyone was out for the
morning physical exercise.
, lOMoAR cPSD| 67691079
Adil led a group of five others to confront James about the missing laptop. James denied any
knowledge but Adil and his friends were convinced that James took the laptop. Adil and his
friends then beat James up to exact an admission from him. They slapped, punched, and kicked
him continuously but still James would not admit to the theft. Adil then asked Joe to go get a
steam iron. Joe proceeded to break one of the junior cadet’s lockers, whom he knows owns a
steam iron. Joe took the iron to Adil. Adil then turned the iron on and used it on various parts
of James' body. James screamed in agony, but still he would not admit to the theft. Parts of his
face and body, including his genitals were scalded due to the heat of the steam iron. James
eventually collapsed and Adil and his friends left him. Joe took the iron and when he saw that
some of James' skin tissues were stuck to it, threw the iron into a river behind the academy.
James later succumbed to his injury and medical evidence confirmed that he died of cardiac
arrest due to extreme shock. The medical examiner however added that, it is not usual that
death may result from such injuries but it is not impossible. Meanwhile, the junior cadet whose
iron was taken by Joe, filed a police complaint about his missing iron.
As a prosecutor, explain the appropriate charge to be made against Adil, his friends and Joe:
(a) In relation to the death of James;
(b) In relation to the taking of the iron steam.
(20 Marks)
QUESTION 2
Lazim is married to Tinah who has a 17-years-old daughter, Selini. Tinah’s former husband
Brad was Lazim’s rival and Lazim has always been bitter towards him for marrying Tinah
earlier, despite knowing that Lazim had feelings for her. However, when Tinah and Brad’s
marriage broke up, Lazim took the opportunity to marry her.
Tinah’s daughter, Selini was a rather morally corrupt girl and had lost her virginity the year
before. This may be due to her parent’s bad marriage and the lack of attention while she was
growing up. Of late, Selini had been very close to Lazim and had made various sexually
oriented advances towards him. On one occasion, Lazim, who was a little drunk came home to
find Selini alone. Selini was asleep on a couch wearing only her undergarments. Lazim became
turned on and grabbed Selini in order to have sexual intercourse with her. Selini struggled and
protested but was no match for Lazim’s strength. Lazim managed to force himself on her and
they had sexual intercourse for a short while.
After the first incident, Lazim and Selini ended having sexual intercourse on a regular basis
whenever Tinah is away. Selini was eventually pregnant with Lazim’s baby. Tinah was furious
when she found out and threatened to report the matter to the police unless Lazim pays her
, lOMoAR cPSD| 67691079
RM500,000. Lazim, who’s a multi-millionaire, paid her off to keep her mouth shut and to keep
the matter within the family.
When her pregnancy advanced, Selini experienced some complications and had to be sent to
the hospital. The gynaecologist attending to her, learnt about how the pregnancy came about
and reported the matter to the police.
Lazim was later arrested.
Explain the criminal liabilities of Lazim and Tinah in relation to the above.
(20 Marks)
QUESTION 1(a)
First issue that can be derived from the above situation is whether Adil and his other
friends have committed murder under Section 300 of the Penal Code by causing the death of
James.
Crime is an unlawful act or omission that becomes an offence against the public and it
causes the persons who committed the crime to be responsible and punished according to law.
As a result of the crime, a punishment will be carried out by the nation as it is considered a
wrongful act against the public in large.
General principle of a crime provided that a person cannot be said as guilty of an offence
unless his guilt is proven beyond the reasonable doubt. There are two elements that need to be
successfully proven in order for a person to be charged with a crime. Firstly, actus reus or
wrongful act. As defined in Section 33 of Penal Code1, act denotes as well as series of acts as
a single act. Actus reus must be committed by a person on his own will or voluntarily which
simply means that a person who has acted against his will or acted due to external causes or
disease of mind are released from the burden of actus reus. The Latin maxim “actus non facit
reum, nisi mens sit rea” which can be translated as “an act does not make a person guilty
unless it is accompanied by a guilty mind” can be seen upholding the general principle.
Second element of crime is the mens rea or guilty mind. A person who committed actus
reus must be accompanied by mens rea. This is to ensure that a person is indeed in the
circumstances where he can be put with responsibility for his crime. As for mens rea, there are
a lot of situations that can be seen proving the existence of a guilty mind such as intention,
knowledge, rashness, negligence and malice. A Latin maxim which reads, “acta exteriora
indicant interiora secreta'' can be seen pressing on the existence of intention of a person's
action in order to determine whether a crime had been committed. By fulfilling both actus reus
1 Penal Code (ACT 574)
