Samplex Crim 1

November 22, 2017 | Author: sovxxx | Category: Probation, Murder, Sentence (Law), Homicide, Mitigating Factor
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Criminal Law 1: Sample Exam Questions

1. A, B, and C agreed to kill D. They went to look for D and they found him in his garden tending his orchard. A, B, and C further agreed that A would be the one to shoot D. A while aiming his rifle against D had second thoughts about what he is about to do. A back-tracked and was followed by B and C. Is there a conspiracy? What crime, if any, was committed by A, B, and C? Why?

2. A hit B with his fist inside a running jeepney because B was snatching his (A's) watch. B fell from the jeepney and hit his head on the pavement causing his (B's) death. Is A liable? Why?

3. A, armed with a 9mm caliber pistol, and B, who has no weapon robbed a store. In the course of the robbery, they were seen by policeman C who was armed with a 38 caliber revolver. C demanded that A and B surrender but A instead fired at C and missed. C returned the shot and in the exchange, A and B were killed so with the store-owner X. It was found that the three were killed by 38 caliber bullets fired from C's gun. Is C liable for the death of A, B, and X? Why?

4. A and B lived as husband and wife for several years. B, the woman, helped A in their daily lives by selling vegetables in the public market. A subsequently fell in love with a younger woman, X, and left B. One day, B saw A and X walking. She became jealous and rushed to A and stabbed him. B was prosecuted for homicide and was convicted, B claimed on appeal that she be credited with the mitigating circumstance of passion and obfuscation. Is B correct? Why?

5. A was convicted of rape on October 1, 2006. A appealed the judgment of conviction. While A's conviction was on appeal, he committed homicide inside the national penitentiary. Is A a recidivist? Why? Supposing while A's conviction was on appeal, A escaped and after escaping, A raped X. Is he a recidivist?

6. X was charged of homicide for killing Y. During the trial, it was proven that when X killed Y he came from a drug den and that while in said place he

smoked marijuana. X was convicted. What is the effect if any on the penalty imposable upon X of his having been in a drug den? Why?

7. A was charged with the crime of frustrated homicide. Homicide is penalized by reclusion temporal in its full extent. a.) What is the penalty for frustrated homicide? b.) Suppose there is one mitigating circumstance, what would be the penalty? c.) Suppose there are two mitigating and one aggravating circumstances, what would be the penalty?

8. When is the Indeterminate Sentence not applicable?

9. In January 1980, X killed B after an argument. The killing was witnessed by Y, but Y kept silent. X left the place and went to Mindanao. In 2001, X came back to Manila. After X came back, Y broke his silence and pointed to X as the culprit in the killing of B. X was charged with homicide. X moved to dismiss the case on the ground that the crime has prescribed. If you were the judge, how would you rule on the motion?

10. A was charged before the RTC of Manila for the crime of homicide. After trial, the court convicted the accused of the crime charged, and after considering the mitigating and aggravating circumstances, imposed a penalty of prision correccional in its medium period of 4 years to the medium period of prision mayor of 8 years. A, finding the decision of the trial court not to his liking, appealed the decision of the trial court to the Court of Appeals. The latter court found that the imposable penalty should not exceed 6 years after considering the other mitigating circumstances present which the trial court failed to appreciate. The accused then filed an application for probation because the penalty imposed by the appellate court was probationable. Is the accused entitled to probation? Why?

11. X was charged with murder. X was convicted of murder and the trial court imposed the penalty of reclusion perpetua. Is X entitled to the imposition of the indeterminate sentence? Why?

12. Who are not entitled to the benefit of the Probation law?

13. X was charged and convicted of homicide. The court found that there were three ordinary mitigating circumstances and one aggravating circumstance. Homicide is penalized by reclusion temporal. Impose the indeterminate penalty upon X.

14. When would a person incur criminal liability?

15. Ricky was reviewing for the bar exam when the commander of a vigilante group came to him and showed him a list of five policemen to be liquidated by them for graft and corruption. He was further asked if any of them is innocent. After going over the list, Ricky pointed to two of the policemen as honest. Later, the vigilante group liquidated the three other policemen in the list. The commander of the vigilante group reported the liquidation to Ricky. Is Ricky criminally liable? (Bar Question)

16. Marlon, envious of his brother Jerome, planned to kill the latter by poison. Pursuant to his plan, he purchased a poisonous substance from the drugstore. He put the substance in his brother's coffee the following morning. Unknown to him, however, the store clerk mistakenly gave him powdered milk instead of poison; hence his brother did not die. a.) What crime, if any, did Marlon commit? b.) Suppose that, because of his acute lactose intolerance, Jerome suffered from severe diarrhea and had to be hospitalized for 10 days for ingesting the coffee with powdered milk. Would your answer to the first question be the same? (2008 SBC Pre-Week reviewer)

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