NATIONAL OPEN UNIVERSITY OF NIGERIA

UNIVERSITY VILLAGE, PLOT 91, CASDASTRAL ZONE, NNAMDI AZIKIWE EXPRESS WAY, JABI, ABUJA.
FACULTY OF LAW
SEPTEMBER/OCTOBER 2015 EXAMINATION

COURSE CODE: Law 341

COURSE TITLE: CRIMINAL LAW 1

TIME ALLOWED: 2 ½ HOURS

INSTRUCTION: QUESTION ONE IS COMPULSORYAND YOU ARE TO ANSWER ANY OTHER THREE (3) QUESTIONS. All questions carry 17.5 marks

1a           Attempt a definition of crime (offence) with emphasis on the characteristics of a crime (offence).

1b           Dimka saw Brutus his rival drowning in a river. Dimka refused to lend any help to the drowning man. Brutus later dies. The police then arrested Dimka for the murder of Brutus. Advise him. Would your answer be different if Brutus had been Dimka 6years old son.

2a           Rambo a hunter of games had a gun to hunt. One evening he left home on one of his hunting trips. While on the trip he heard some noise from the bush. He stopped to look. He noticed some movement and believing it to be the game, he fired in that direction. On getting there, he discovered to his horror that he had in fact shot the notorious terror, a robbery suspect who was apparently hiding in the bush. Is there any defence available to Rambo

2b           John and James were seen pushing each other near the river. Peter warned them of the danger in such a play but they continued. James pushed John into the river and he drowned. He intends to rely on the defence of accident. Advice him

3a           Explain precisely the difference between the definition of insanity under the McNagthen rule and under S.28 of the criminal code.

3b         Tom a 20year old man suffers from severe headaches, wanders at night, throws away his food and does other terrible things. History reveals that his parents suffer from similar attacks and also display certain features. Advice the court as to the means of proving that Tom is insane.

4a           Comment briefly on the latin maxim: actus non facitreum, nisi mens sit rea.

4b      JideOfor while thinking aloud, laugh at the prospect of robbing a bank and buying exotic cars thereafter. John heard and informed the police. JideOfor was arrested and charge for robbery. Advise him.

5a.          Who is a party to an offence?

5b           Taye and Olu are members of a secret society of seven men. In January 2015, they planned and encouraged each other to kill Chief Badmus on Tuesday. Due to curfew imposed by the Government on that day, they could not perfect their act. However, on Wednesday the next day, Taye and Olu in pursuance of the original agreement went to Chief Badmus house and killed him and his first son. Determine the criminal inability of the parties.

6a.          Musa, a devout Muslim suspected his wife Binta of infidelity and fornication. He warned her to desist and repent. One evening while returning from the mosque, he discovered that Sule and his wife were having fun. When he asked them what they were doing, Binta said “you old man, you are no longer strong and young. You are a finished man. I must enjoy young blood”. Musa entered the house and picked a pistol and shot the two of them dead on the spot.Abdul a neighbour who raised alarm was also shot dead, after refusing the warning of Musa to keep quiet. Musa intends to plead provocation. Advise him.