NATIONAL OPEN UNIVERSITY OF NIGERIA

UNIVERSITY VILLAGE, PLOT 91, CASDASTRAL ZONE, NNAMDI AZIKIWE EXPRESS WAY, JABI, ABUJA.
FACULTY OF LAW
JUNE/JULY 2013 EXAMINATION

COURSE CODE: LAW 341

COURSE TITLE: CRIMINAL LAW I

TIME ALLOWED: 3 Hours

INSTRUCTION: Answer any 5  questions. All questions carry equal marks

1.             Chief Thomas is a very wealthy man who owns a fleet of merchant ships. He usually attracts attention because of his wealth and those who are raising funds for various projects normally come to him for funds donation. Beckam, Joseph, Peter and James are undergraduates who live in the same town with Chief Thomas. These undergraduates have always wondered how they can make as much money as Chief Thomas. On the 5^th of January, 2013 Joseph visited Beckam and during a chat Beckam lamented that he is cash strapped and raised the idea of making quick money by kidnapping Chief Thomas since it has been discovered that it is a very easy way to make money from the big and mighty in the society. Joseph thought it was a good idea and promised to discuss the issue with Peter and James which he did and they agreed to meet with Beckam so as to finalise the operation. On the day of their meeting, it was agreed that Peter and James should carry out surveillance on the compound of Chief Thomas to find out his movement and itinerary and both did so accordingly. Peter and James latter contact Ben, the security man in the premises of Chief Thomas who willing provided the necessary information upon being promised the sum of N10M if the kidnap operation succeeds. Based on the vital information supplied by Ben, Peter and James, Chief Thomas was kidnapped on his way to a religious service. On that day Joseph fired several gun shorts into the air, to scare way those who would ordinarily have prevented the kidnapping operation, grabbed Chief Thoams, threw him into the boot of the vehicle while Beckam drove off the vehicle. The kidnappers are demanding a ransom of N500M   before Chief Thomas could be released. However, Chief Thomas was released by an operation carried out by special forces before the ransom could be paid. Ben, James, Peter, Joseph and Beckam were charged to court for kidnapping Chief Thomas. Ben denied and contended that he just gave the group information about the movement of Chieh Thomas and did not actually kidnap him. Peter and James also argued that they only carried out monitoring activities which is different from actual kinap of Chief James. Discus the legal issues in the case. 

2.          In order for assault to constitute an offence it must be unlawful, not   authorized or justified by law. Discuss.

3.         There are two essential ingredients necessary to be proved before a conviction for perjury can be sustained. Discuss.

4. Mens rea and actus reus constitute the pivot upon which the concept of criminal responsibility is built. Discuss the criminal responsibility of a corporation in a criminal proceeding.  

5. Insanity does not provide a complete and satisfactory defence to an accused person in a criminal proceeding. Discuss.

6. Paul and Mary have been married for several years. Paul is illiterate and only depends on menial jobs for sustenance. Their marriage has been characterized by several quarrels and almost exchange of blows. On the 25^th of May, 2013 Mary demanded monthly house maintenance allowance which Paul refused to oblige her. As a result, Mary refused to prepare food for Paul which so much enraged Paul that he almost killed Mary. On the 6^th of June, 2013, Paul and Mary had a serious quarrel during which Mary called Paul a common slave, an illiterate and no better than “bingo” a dog in a neighbour’s house. In a fit of anger, Paul took a kitchen  knife and stabbed Mary severally which led to her death. Paul was charged with the murder of Mary. Paul claimed that Mary’s words caused him a sudden and temporary loss of self control and at the point he stabbed Mary he was not a master of himself. Discuss the legal issues raised.        

7. Bob Swagger is employed by a soft drink bottling company as a driver. On the 2^nd of February, 2013 was requested to supply soft drinks to a major customer of the company somewhere in Mushin, a suburb of Lagos. Mushin is a high density area of Lagos. When Bob Swagger arrived Mushin many school children were playing on the street. Bob Swagger drove the truck he was driving at great speed so that he could carry out the supply and have enough time to watch a football match of a foreign league. On the street, a child wanted to pick the ball with which he was playing with his mates and was instantly crushed by the truck driven by Bob Swagger. Bob Swagger has been charged to court for the death of the child. Discus the legal issues in the case. 

8. Carefully evaluate the principles of intoxication and bona fide claim of right as defences in a criminal proceeding. 

Thoroughly analyse with relevant case law the effectiveness of accident as a defence in a criminal trial.