NATIONAL OPEN UNIVERSITY OF NIGERIA
14/16 AHMADU BELLO WAY, VICTORIA ISLAND, LAGOS
SCHOOL OF LAW
MARCH/APRIL 2014 EXAMINATION
Course Code: LAW341
Course Title: CRIMINAL LAW I
Time Allowed: 3 Hours
Instruction: Answer Question 1 and any other 3 questions.
1. In R V Fagan, the court held per Bridge J“No mere omission to act can amount to an assault. Both the elements of actusreus and mensrea must be present at the same time, but the one may be superimposed on the other” Discuss(17.5 marks)
2. Paul and Dorothy are neighbors in a “Face -me I face –you” accommodation. They had a misunderstanding over dirty plates that were left in the common kitchen sink they both share. The misunderstanding degenerated into a shouting match between Paul and Dorothy. At a point during the exchange of words, Paul went to the kitchen and threw a paper plate at her, Dorothy thinking it was a breakable plate ran out and jumped down from the balcony and broke her ankle. Dave another of her neighbor offered to take her to the hospital and on their way to the hospital, Dave drove so fast as he intends to get back on time to watch a football match, as he was about to make a sharp corner he swerved and had to apply the brakes suddenly, this made Dorothy to hit her head on the dashboard of the car and she suffered hemorrhage. On getting to the hospital she was declared dead on arrival. Discuss all the legal issues and criminal liabilities.(17.5 marks)
3. There was usually no legal fault ….where ever the accused was aware of the facts bringing him within the definition of an offence. Clearly the most effective way of proving this lack of awareness is for the accused to show that he thought otherwise because he had made a mistake” Okonkwo and Nash. Criminal law in Nigeria .Discuss(17.5 marks)
4. A, B, C, D and E decided to engage in armed robbery.”A” gave the group a tip-off about the arrival from U.S of a neighbor of his. He informed the group that the neighbor came back with a lot of U.S dollars because he intends to construct a five –story building. “A” gave a detailed description of the neighbor’s house and the time for the operation. Before the robbery took place, “A” traveled to Dubai. On the day of the robbery” D” kept watch outside so that he can alert others of the approach of security agencies. E’ drove the getaway car .A,B,C,D,&E were arrested a month after the crime. A claimed that he is innocent because he traveled when the crime was committed. D claimed that he only kept watch while E said that he only drove the car. Discuss the criminal liabilities of A, B, C, D and E respectively. (17.5 marks)
5. Section 318 of the Criminal Code provides that “if a person kills another in the heat of passion caused by grave and sudden provocation, and before there is time for his passion to cool, he is guilty not of murder but of manslaughter.” With the aid of statutory and case law discuss the elements of provocation.(17.5 marks)
6. Define homicide and distinguish justified and excusable from criminal homicide. Support your answer with statutory provisions and case law. (17.5 marks)
You can get the exam summary answers for this course from 08039407882
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