NATIONAL OPEN UNIVERSITY OF NIGERIA

UNIVERSITY VILLAGE, PLOT 91, CASDASTRAL ZONE, NNAMDI AZIKIWE EXPRESS WAY, JABI, ABUJA.
FACULTY OF LAW
JULY 2018 EXAMINATION

COURSE CODE:      PUL342         

COURSE TITLE:     CRIMINAL LAW 11           

TIME ALLOWED:   2 ½ HOURS

INSTRUCTION:       ANSWER QUESTION 1 (ONE) AND ANY OTHER 3 (THREE) QUESTIONS.    (QUESTION 1 (ONE) ATTRACTS 25 MARKS WHILE OTHERS ARE 15 MARKS EACH)

Determine the criminal liability of the following:

1a.       Fabian intends to acquire some property with the aim of starting an enterprise. He approached Gabriel, a property developer who collected 50millon Naira from Fabian and promised to help with the property. Gabriel disappeared with the money to another location where he bought a brand new SUV with the money.

1b.       Uche a public officer working in the University Teaching Hospital demanded and received the sum of N100,000 from Ike with the promise of assisting Ike’s daughter secure a job with the Teaching Hospital. Uche claims that he did not receive bribe from Ike as the money received does not relate to his office. Determine with the aid of authorities, whether Uche can successfully be prosecuted for bribery.

1c.       Rochas a public executioner is given the task, under statutory authority of executing Cumba who has been convicted of murder. Rochas knows that Cumba is innocent because Rochas himself committed the murder. He did so because Cumba is his enemy and wishes him dead.                    (25 marks)

2a.       One cannot be guilty of the offence of perjury except he knowingly gave a false testimony.   Discuss.

2b.      Dayo has been arraigned for the offence of perjury having falsely stated during the trial for the offence of stealing that he has six children whereas he has five. Advise the prosecution with the aid of authorities whether the testimony is material for the offence of stealing and the likelihood of a successful prosecution for the offence of perjury.              (15 marks)

3a.       Ayo shoots at Dele with a gun and kills him. Unknown to Ayo, Dele was suffering from a terminal illness and would have died at any event on that day. Determine Ayo’s liability.

3b.       Peace threatens violence against his neighbour’s child. The child in fright scales through the staircase and is badly injured. The medical doctor prescribes blood transfusion. The child’s parents being members of a religious sect refuses consent to the blood transfusion. The child died. Discuss the criminal liability of Peace and the child’s parents.        (15 marks)

4a.       Explain the codes of conduct for Public Officers in Nigeria

4b.       Write short notes on Public Complaint Commission in Nigeria.            (15 marks)

5.         Section 316 of the Criminal Code and 221 of the Penal Code defines murder under six circumstances. Explain with the aid of judicial authorities these circumstances.       (15 marks)

6a.       Discuss two utilitarian object of punishment

6b.       What is sentence of a court and its aim?                                (15 marks)