ANSWER SHEET

Student ID 1201100573 Course Code PCC0012

Section / Group T6/L1 Introduction To Criminal &
Course Name
Constitutional Law
Lecturer Name Ms. Nur Akma binti Mohd Dali

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YOUR ANSWER BEGINS HERE

A) Section 375 is the situation when a man is considered to have "rape" when, except in the
case referred to below, has sexual intercourse with a woman under 375(g) with or without
her consent while she is under 16 years of age. It's obviously a rape of the underage.

This is a non-bailable offence. It is certainly at the court's discretion under Section 388
of the CPC whether to allow bail except in cases punishable with death or imprisonment
for life. In the circumstances of unconsciousness due to powdered cocaine(drugs)
provided by George in his apple juice. Bail also can be applied on the status of Roberto
such as his current age (under 18) and if it his first offence. Roberto can apply for bail.

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 ANSWER SHEET

Student ID 1201100573 Course Code PCC0012

Section / Group T6/L1 Introduction To Criminal &
Course Name
Constitutional Law
Lecturer Name Ms. Nur Akma binti Mohd Dali

B) As the defense counsel, my advice to Roberto is about penetration. Penetration is

sufficient to constitute the sexual intercourse necessary to the offence of rape. Penetrates
his penis, to any extent, into the vagina, mouth, urethra or anus of a woman or makes her
to do so with him or any other person. Will offer to make a DNA test between Mary and
Robert.

My defense also will be for Roberto, if the intercourse happens with or without Mary’s
consent. Also can be argue on the state of Mary’s condition on that specific period of
time. Whether she is conscious or no. Roberto also can defense on the medical report
which can show the attempt of self defense (any marks, scratches) on Mary”s body.

C) Mens Rea is the criminal motive or the wicked mind. In addition, the concept of a
criminal crime includes not only an act or omission and its effects, but also the
accompanying psychiatric illness of the actor. For most crimes, all justice processes
require an aspect of criminal intent. However, only Anglo-American systems use the
word mens rea. Countries such as France and Japan clearly say that there must be
unlawful intent unless a particular law specifies otherwise.

As deputy public prosecutor, my defense will be a charged under section 375(g) of CPC,
a rape underage girl its still applicable even with conscious or without conscious. OR
with consent or without consent. It’s still punishable.

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 ANSWER SHEET

Student ID 1201100573 Course Code PCC0012

Section / Group T6/L1 Introduction To Criminal &
Course Name
Constitutional Law
Lecturer Name Ms. Nur Akma binti Mohd Dali

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