TEMASEK POLYTECHNIC

SCHOOL OF BUSINESS
AY 2022/2023 SEMESTRAL EXAMINATION
(October Semester)

MC 3 - CERTIFICA TE IN COMMUN ITY LAW

CRIMINAL LAW (BCL M006)

TIME ALLOWED: 2 HOURS

INSTRUCTIONS TO CANDIDATES

1. This paper consists of 8 pages (excluding cover page).

2. Answer ALL questions in Sections A, B and C. Answer ALL questions in the

answer booklet provided.

- 3. This is an OPEN BOOK examination. You may have any paper-based material with
you but are prohibited from using any electronic devices.

Criminal Law (BCLM006)

SECTION A: Multiple-Choice Questions (TOTAL 20 MARKS)

Answer all questions in the answer booklet provided.

1.1 Denise, 11, was travelling in a public bus when Kent who sat beside her began to
caress her thighs. Feeling uncomfortable, Denise did not protest but got off from the
bus. What offence has Kent committed?

(a) Statutory Rape.

(b) Outraging modesty.
(c) Sexual Assault.
(d) No offence as Denise did not protest.
(e) None of the above.

1.2 Tim is working as a manager for his Leo Drink Company. Whenever there is a party
at his friend's house, he would normally allow his friend to take bottles of soft
drinks. Which, if any, offence has Tim committed?

(a) Criminal Breach of Trust.

(b) Criminal Misappropriation.
(c) Theft in dwelling.
(d) Cheating.
(e) No offence.

1.3 Frani finds a Cartier watch along Shenton Road. She takes it to her house. Theresa,
her neighbour, sees the watch and offers Frani $100 for it. What offence has Frani
committed?

(a) Criminal Misappropriation.

(b) Breach of Trust.
(c) Theft.
(d) Possession of Stolen Property.
(e) No offence.

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Criminal Law (BCLM006) Page 1

1.4 Hazel showed some nude pictures of Grace showering in the swimming pool toilet
and says "I'm going to upload in "Facebook" if you don't give $300/- dollars by end
of the week". Hazel has cornrnitted ------

(a) grievous hurt

(b) extortion
(c) attempted theft
(d) criminal intimidation
(e) none of the above

1.5 In which of the following circumstances does the right of private defence extend to
the voluntary causing of death to the offender?

(a) Rape.
(b) Affray.
(c) Criminal Intimidation.
(d) Outraging Modesty.
(e) None of the above.

1.6 Under the Misuse of Drugs Act, the term "traffic" means _______

1 to buy controlled drugs

ii to sell controlled drugs
iii to distribute controlled drugs
1v to administer controlled drugs

(a) i and ii only

(b) iii and iv only
(c) ii, iii and iv only
(d) i, ii, iii and iv
(e) none of the above

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Criminal Law (BCLM006) Page 2
1.7 May could not get along with her neighbour. At about 3 am in the morning, she went
to the public carpark and punctured two tyres of her neighbour's car. Unknown to
her, there was a hidden surveillance camera attached to the car. What offence has
May committed?

(a) Mischief.
(b) Loitering with Intent.
(c) Criminal Trespass.
(d) Vandalism.
(e) No offence.

1.8 Victor and Gail have been friends since childhood days. Gail is 12 years old and was
curious about sex. She invited Victor, who is 17 years old to her house. Victor did not
want to have sex with her but due to Gail's insistence, he gave in and had sex with
her. What offence has Victor committed?

(a) Sexual Assault.

(b) Statutory Rape.
(c) Outraging modesty.
(d) Sexual penetration of minor.
(e) No offence as it is consensual.

1.9 Rav and Ramesh agree to practice their martial art, "Karate" in preparation for the
International Karate Federation competition. During the training session, Ramesh
aggressively threw Rav outside the floor mat who later dies in hospital from his head
injuries. What offence has Ramesh committed?

(a) Voluntarily causing grievous hurt.

(b) Culpable homicide.
(c) Death by rash act.
(d) Death by negligent act.
(e) No offence.

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Criminal Law (BCLM006)
______ Page 3
1.10 Andy, a supervisor in an electronics company, is reported to be distributing cannabis
(EX) pills to factory girls who are drug addicts. What offence has he committed?

(a) Dealing in a controlled drug.

(b) Distributing a controlled drug.
(c) Trafficking in a controlled drug.
(d) Prescribing a controlled drug without lawful authority.
(e) No offence.

*** End of Section A ***

Criminal Law (BCLM006) Page4

SECTION B: Narrative Answers (TOTAL 50 MARKS)
Answer all questions in the answer booklet provided. Give reasons for your answer
and cite any relevant case(s) or statutes.

Question 2 (8 Marks)

Tirno, Ali and Arul are three foreign workers on their way back to their quarters. They hail
a taxi and as the taxi is approaching their quarters, Timo places a knife at the taxi driver's
throat. Ali reaches from the back seat and holds the taxi driver at the forehead. The taxi
driver stops the taxi and Arul gets out and opens the driver's door and starts to search the
driver. The taxi driver suddenly puts up a struggle and his throat is cut. All three
assailants flee the scene. Timo, Ali and Arul are arrested and charged with the murder of
the taxi driver. They all claim that there was no intention to kill the taxi driver and they all
try to push the blame on the other for the fatal wound. What possible offence(s) have they
cornmitted?

Question 3 (10 Marks)

(a) James was working as an accountant for Fan Airliner Pte Ltd. James was unhappy
that Casey dismissed him for his disruptive and rude behaviour towards his office
staff. After having few glasses of wine from a nearby bar he went to Casey's office.
Casey was not in the office. James went to her drawer and took $100,000 dollars that
was collected for the "Children's Orphanage Fund" and fled the office. What
charge(s) would James be facing?
(5 marks)

(b) What possible defence(s) could James rely? Explain the relevant issues.
(5 marks)

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Criminal Law (BCLM006) Page 5
Question 4 (10 Marks)

The Anti Drug Unit from Singapore Police Force received a tip-off that Kent is trafficking
cannabis. They conducted a surveillance on him and followed his car from Jurong to
Queenstown and then finally to the car park of his apartment block at Tanglin. The officers
arrested Kent as he was about to alight from his car. They searched the car and found a
sachet with 1.7 grams of cannabis.

(a) Can Kent be considered to have trafficked in the cannabis?

(5 marks)

(b) The officers searched Kent's HDB unit and found 45 grams of cannabis. They also
found two electronic weighing scales, several empty sachets and a heat sealing
machine. Can Kent be convicted for possession of the cannabis?
(5 marks)

Question 5 (5 Marks)

During a trial, a prosecutor addressed the Judge as follows: "So long as the male accused
touched the victim on the breasts, he is guilty of the offence of ouh·aging of modesty". With
reference to the elements of the offence, give reasons why this proposition is not correct.

Question 6 (5 Marks)

Gary, a Malaysian on a work permit in Singapore, was seen at Seletar Serai Park. He
approached Jalil, a foreign worker, walking away from an ATM machine and without any
warning, used a parang and slashed away at Jalil with deep stabs on his head and back.
Jalil fell unconscious in a pool of his own blood and Gary removed from his pocket a sum
of S$300/-. Gary left Jalil to bleed to death. Gary escaped to Malacca but was arrested when
he tried to re-enter into Singapore. What offence(s) would Gary be charged with and why?
Explain the relevant issues.

Criminal Law (BCLM006) Page 6

Question 7 (6 Marks)

Kenn had drunk 12 glasses of whiskey before arriving at Mandy's house, walking
unsteadily and talking to himself. When he started arguing with Mandy, her son, Nel,
came in crying. Kenn lost control of himself as he could not tolerate the sound of children
crying. He then picked up the glass bottle and hit Nel on his head to keep him quiet. Nel
died instantly. When Nel remained silent, Kenn became very quiet and did not argue
with Mandy anymore. What offence has Kenn committed? Discuss the strengths and
weaknesses of any defence which he could raise.

Question 8 (6 Marks)

Ah Tan and Joey met at a coffeeshop and plan to break into a prison in 5 days' time to
rescue their friend, Ah Tee, who is an inmate there. Have they committed any offence by
merely planning this without taking further action? Explain the relevant issues.

*** End of Section B ***

Criminal Law (BCLM006) Page 7

SECTION C: Structured Questions (TOTAL 30 MARKS)
Answer all questions in the answer booklet provided. Cite all relevant case(s) or
statutes when writing your answers.

Question 9 (15 Marks)

Derek and Jes are both Malaysian nationals who are married to each other. Derek is
working in Singapore on an employment pass and Jes has accompanied him to look after
their home. Derek travels regularly for work and Jes thinks nothing of this until one day
she notices a receipt from "Dream Travels" in Derek's suitcase. She checks the internet and
discovers that this is a company based outside Singapore which arranges sex tours to
certain South-East Asian countries. Jes confronts Derek about his overseas trips and Derek
confesses that he has been on a sex tour but he only had relations with young kids. Jes is
disgusted and leaves Derek. She checks into a hotel and plans to fly back to Australia.
Before she leaves Singapore, Derek finds her at the hotel and begs her to stay. She refuses.
Derek insists that she must stay as she is his wife and must satisfy him. She refuses, but he
forces himself upon her. Jes is very upset. She learns from a friend that the law in
Singapore has changed and that it is an offence now for a husband to rape his wife. She
makes a police report informing of the incident at the hotel and also of Derek's trip with
"Dream Travels". Has Derek committed any offence?

Question 10 (15 Marks)

Harry, on several occasions, has physically assaulted and sexually abused his wife, Priscil.
Harry has been abusing his wife for the past 15 years. Whenever there is a problem in his
office, he comes home and vents his anger on his wife. On one occasion, he made her do a
"Striptease" in front of his friend. Priscil never complained her abuses and has been a
subservient wife. One night after dinner, being highly intoxicated, Harry used his baseball
bat to hit Priscil. Priscil, suddenly, grabbed the same baseball bat from Harry and swung it
at him. Harry sustained a fractured skull and died immediately. Discuss the relevant
issues in regard to the offence and whether Priscil could raise any defence.

*** End of Section C ***

*****END OF PAPER*****

Criminal Law (BCLM006) Page 8