Convincing Features
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QUESTION 1
Lisbon was charged with murder under section 302 of the Penal Code for killing 16 years old student identified as Paris (deceased). Paris’s headless body donned in a blue-coloured school uniform was found in Shah Alam. Lisbon was arrested and led the police to the recovery of a knife. He also told police that he buried Paris’s head in Seremban. Dr Berlin, a forensic pathologist, conducted an autopsy on the deceased and deposed that upon a vaginal examination of the deceased, she found evidence of sexual intercourse from a large number of sperms deposited.
However, there was no evidence of rape. Lisbon admitted that he killed the deceased and had sexual intercourse with the corpse before he severed her head. He had also stripped off from the deceased her ring, earrings, and some money from her purse. He used the money to party with his friends. Lisbon stated that he had killed the deceased because he heard various voices that had instigated him to do so.
The voice asked him to kill someone and bring the head to his family’s ancestral home in Seremban. He also said that he was not conscious of what he did when he committed the crime and that he could only remember what the voices told him to do. He also asserted that he did not know that his act was an offence or that he would be arrested for it.
Discuss the defence/s that may be available to Lisbon.
QUESTION 2
Nakhoda is a captain of a ship. He has to make a quick decision whether to run over a small fishing boat with five fishermen in it or to steer against a coral reef and risk the lives of his 50 passengers. He decided to save the lives of the fishermen but unfortunately, ten of his passengers died due to the collision. Nakhoda is being charged for causing the death of the passengers.
Discuss what would be his possible defence (s).
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