TUTORIAL 1 1. What is the cardinal principle in establishing criminal liability. 2. What do you understand by the term: i. ii.

Actus reus Mens rea

5. What are the various forms in which mens rea is expressed in law. 7. In situations where actus reus and mens rea do not coincide, how have the court approached this problem. 11. Oren has insured his wife Anggur for Rm 5 Million. Two days after he paid the premium he feed his wife a poisoned drink. When she collapsed, he thought she was dead. Nevertheless, in fact the poison only rendered her unconscious. He then tied her up with rope and hung her body from the ceiling so that it looks like suicide in order to facilitate his claim for the insurance money. However, she died from the strangulation from the rope. Discuss Orens liability for the murder of Anggur.

TUTORIAL 2

1. Can medical complication of the following nature break the chain of causation: i. ii. iii. Unavailable or inadequate treatment Improper treatment The switching off life support system

6. Can the voluntary act of the victim break the chain of causation in: i. ii. iii. 7. Fright and Flight situations Egg-shell skull situations Religious/other belief of victim

Will intervention of third party break the chain of causation.

TUTORIAL 4 Java is a professional thief. In trying to cut the iron grills shop with a blow torch, he set the shop building on fire. Can he claim the defense of accident.

TUTORIAL 5 Hansom joined a hand of criminals. They decided to break into Dato Kayas house to rob him. While in the house, Dato Kaya resisted. Ganas leader of the gang, pointed a gun at Hansom and told him to kill Dato Kaya or else Ganas would kill him (Hansom). Hansom killed Dato Kaya. Can hansom claim he was under duress.

TUTORIAL 6 Beta aged 11 years went to the Gula Supermarket where a large variety of sweets was in display. Beta who is from an isolated village, had never seen so many sweets on display. He helped himself to the sweets and then stuffed his pockets full of them. He then left the supermarket without paying but thanking the cashier for giving him the opportunity to enjoy himself. He was arrested after he left the supermarket. Discuss Betas liability.

TUTORIAL 7 Boris a mason was told by his employer to proceed to No 9 Jalan Anggur, Shah ALam to remove the garden gates for repair. On proceeding to Jalan Anggur he located the house and removed the gates. Becker, the house owner then returned and told Boris that he was in the wrong house. Boris then discovered it was No 6 and that a nail was missing casuing the number plate to fall upside down so that 6 now read as 9. Can Boris claim mistake.