Private Defense Legal Insights

The doctrine of doli incapax refers to: Question 13Answer i. The automatic conviction of children for serious offences. ii. The defence of insanity. iii. The presumption that a child under a certain age cannot understand the difference between right and wrong. iv. The legal requirement that children must be tried in adult courts.

Choose the correct statement(s). A person who causes death while protecting his property may be acquitted if Question 14Answer a. he was protecting his immovable property from arson b. he was protecting his property during a flood c. he was involved in a snatch-theft and that he believed he would be grievously hurt in the incident d. he was protecting the property during a break-in at *.* in the morning

Ah Gong, a secondary school student, agrees to join Xiao Mei in a mat rempit race that night. During the race, Ah Gong and Xiao Mei’s motocycles collided and Ah Gong died from his injuries. Xiao Mei alleged that Ah Gong consented to the race. Choose the best answer which reflects the fundamental rule of consent Question 15Answer i. The consent is invalid because it is given for an illegal activity ii. The consent is valid because Ah Gong is above the age of * iii. The consent is valid because it is given freely iv. The consent is invalid because Ah Gong did not consent to getting injured or risking death

Which of the following is not an element of consent? Question 16Answer i. Consent can be implied in all circumstances ii. Consent must be given voluntarily iii. Consent must be informed iv. Consent must come from a person with legal capacity

The defence of duress may succeed if Question 18Answer i. The offender reasonably apprehended that he would suffer instant death if he did not do as threatened ii. The offender was compelled by the threat of instant death to his mother iii. The offender failed to escape if the opportunity arises iv. The threat was towards the offender’s propertyom doing so as his income is barely sufficient to pay for his expenses

Which of the following scenarios would not qualify for the defence of duress? Question 19Answer i. A person commits murder due to fear of the threat of instant death ii. A person commits rape as part of the initiation rites for a secret society iii. A person commits theft due to fear of the threat of sexual assault iv. A person causes grievous hurt on another due to fear of the threat of instant death

Which of the following would not fall under s.* of the Penal Code? Question 20Answer i. A person who suffers from mood swings at the time of committing the offence ii. A person who suffers from post-traumatic stress disorder at the time of committing the offence and does not know the nature of his act iii. A person who suffers from eating disorder at the time of committing the offence iv. A person who suffers from a psychotic break at the time of committing the offence and is incapable of knowing the nature of his act

Which of the following scenario(s) would qualify for the defence of intoxication? Question 21Answer i. Ah Gong was intoxicated. He saw his ex-girlfriend, Xiao Mei, walking home alone and took the opportunity to rape her ii. Xiao Mei became intoxicated after Ah Gong mischievously mixed tequila into her drink. She saw a dancing ‘pumpkin’ and decided to bite the ‘pumpkin’. The ‘pumpkin’ turned out to be a child iii. Ah Gong has always been jealous of Xiao Mei, his sister, who was more successful in life than him. One day, at a family dinner, he was particularly angry when a relative compared him with his sister. He drank a bottle of whiskey, took a fork and stabbed Xiao Mei iv. None of the above

Which of the following scenario(s) would qualify for the defence of intoxication? Question 21Answer i. Ah Gong was intoxicated. He saw his ex-girlfriend, Xiao Mei, walking home alone and took the opportunity to rape her ii. Xiao Mei became intoxicated after Ah Gong mischievously mixed tequila into her drink. She saw a dancing ‘pumpkin’ and decided to bite the ‘pumpkin’. The ‘pumpkin’ turned out to be a child iii. Ah Gong has always been jealous of Xiao Mei, his sister, who was more successful in life than him. One day, at a family dinner, he was particularly angry when a relative compared him with his sister. He drank a bottle of whiskey, took a fork and stabbed Xiao Mei iv. None of the above

The right to private defence of the body ceases when Question 22Answer i. The threat is no longer valid ii. There is fear of injury iii. There is fear of retaliation iv. There are other people nearby