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Question 4

Multiple Choice

Give correct response. A sees Z commit what appears to A to be murder. A in the exercise of the best of his judgment, exerted in good faith of the power which the law gives to all persons of apprehending murderers in the act seizes Z, in order to bring Z before the proper authorities, Later it was found that Z was acting in self-defence. Here:


A) A is liable because he has failed to make reasonable inquiries which must have elicited the true facts whether Z was a murderer or acting in self-defence.
B) A is liable for wrongfully apprehending Z because Z was acting in self-defence.
C) A is liable because he was neither bound by law nor justified by law to apprehend Z on a simple belief that Z was a murderer.
D) A has committed no offence because he is entitled to the defence of mistake of fact under section 79 of the Penal Code.

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