NATIONAL OPEN UNIVERSITY OF NIGERIA

UNIVERSITY VILLAGE, PLOT 91, CASDASTRAL ZONE, NNAMDI AZIKIWE EXPRESS WAY, JABI, ABUJA.
FACULTY OF LAW
MARCH/APRIL 2016 EXAMINATION

COURSE CODE:                                LAW342

COURSE TITLE:                                 CRIMINAL LAW II

TIME ALLOWED:                             2 HRS, 30 MINUTES 

INSTRUCTION:                                  ANSWER QUESTION 1 AND ANY THREE QUESTIONS. QUESTION 1 CARRIES 25 MARKS

1a            Asa and Bimpe walked into a supermarket which has a mini restaurant inside.  Asa ordered for a plate of rice and drinks. Bimpe on his part brought an expensive handset from the supermarket and issued a cheque in payment for the handset. As the waiter in the restaurant went into the inner room to bring an order for another customer, Asa noticing that nobody was watching quickly walked out of the restaurant before the waiter emerges from the inner room and escaped the payment for his order. The cheque issued by Bimpe in payment for the handset was dishonoured on presentation for lack of money in Bimpe account. Advice the Management of the Supermarket as to the possible charges against Asa and Bimpe.

1b.    Ayo intends to acquire an International Passport with the aim of travelling to Spain. Ayo approached Bayo who claims to be an immigration officer. Bayo obtained N200,000.00 from Ayo and that he will assist him procure an international passport. Bayo failed to procure the passport and did not return the money. What offence if any has Bayo committed.

2.            In the offence of receiving stolen property, there are several intents specified by law in proving fraudulent intention on the part or anyone taking or converting the property. Discuss with the aid of authorities any two of such intents.

3a.         In other for words to amount to sedition, it is necessary that the alleged seditious words should intend to incite to violence. Would the position be different if the words are inciting but the audience was not moved to violence?

3b.         Ade, Wale, and Tunde were holding meeting in the house of Mr. Benson with intent to go to ABC Bank in Victoria Island to rob. Police got wind of the meeting and swooped on and arrested them. They were subsequently charged for the offence of unlawful assembly. Advice A ,B, C and D as to the appropriateness of the charge stating what is essential to be proved in the offence of unlawful assembly.

4.            Ume a public officer working in the University Teaching Hospital demanded and received the sum of N150,000 from Udoh, with the promise of assisting Udoh’s son secure admission into the university. In his charge for bribery, Ume claimed that he is not liable for bribery as the money received does not relate to his office. Advise with the aid of authorities, the prosecution on the claim by Ume and whether he can be successfully be prosecuted for bribery

5a.         Bisi was charged for the offence of perjury having falsely stated during the proceedings trying him for the offence of stealing that he has one wife whereas he has three wives. Advise the prosecution with the aid of authority on whether the alleged false testimony is material to Bisi trial for stealing and the likelihood of him being successfully prosecuted for the offence of perjury.

5b.         What are the essential elements in the offence of perjury?

6a.         Distinguish the defence of provocation from self-defence. 

6b.         Peter and John were riding a bicycle on their way to the market when John was attacked by a masquerade and a fight ensured between the masquerade and John. Isaac one of the masquerade came to the scene and held Peter, who was attempting to break the fight. At this stage another fight ensued between Peter and Isaac during which Peter threw Isaac to the ground and was on stop of him. Isaac then drew an army jackknife from his sheath that was tied to his waist and stabbed Peter twice in the abdomen. Peter later died in the hospital. Isaac has been charged for murder. Considering the elements of self defence and with authorities, determine if self defence will avail him?