Non fatal offences - criminal force


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second part of criminal force.
presented before Encik Mohd Shukree bin Mhd Salleh

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Non fatal offences - criminal force

  1. 1. Non-Fatal Offences: Criminal Force – cont’d azrin hafiz / LAW 555 / Nov 2012 1
  2. 2. Requirements of Criminal Force CRIMINAL FORCE = Intention / Knowledge ofApplication of Force applied without Force + causing the ulterior + consent object azrin hafiz / LAW 555 / Nov 2012 2
  3. 3. Mohamed Abdul Kader v PP [1967] 1 MLJ 86Fact:The accused had been convicted of using criminal force toa public servant to prevent him from discharging his duty.The evidence was that the appellant who had a chopper inhis hand had said “If you go in I will hammer you”.Held:as no force was in fact used the appellant could not beconvicted of using criminal force azrin hafiz / LAW 555 / Nov 2012 3
  4. 4. Ng Eng Huat v PP [1988] 1 MLJ 417Fact:the appellant reversed his car very quickly which causedcomplainant to engage his reverse gear and reverse his carbut his car was hit by the appellants car.Held:it was clear that the act of the appellant of reversing hiscar was not a negligent act but an intentional anddeliberate act by committing the offence of using criminalforce azrin hafiz / LAW 555 / Nov 2012 4
  5. 5. Jai Ram (1914) 15 Cr LJ 231Held:raising a stick to hit another person was criminal force if itcaused the other to run away to save himself or even justto move slightly to avoid of being struck. azrin hafiz / LAW 555 / Nov 2012 5
  6. 6. Tan Beng Chye v PP [1966] 1 MLJ 173, FCFact:the appellant had taken the complainant to some bushes where hetook off his shorts and lowered his inner pants to his knees. Hethen made the complainant take off her coat and trousers, leavingher in her knickers, which she refused to take off. An old Chineseman then came to the place and the complainant shouted to himfor help. Thereupon the appellant pulled up his inner pants, puton his shorts and started to run while buttoning them.Held:An attempt to remove her knickers was sufficient evidence of useof force to outrage her modesty azrin hafiz / LAW 555 / Nov 2012 6
  7. 7. Raja Izzuddin Shah v PP [1979] 1 MLJ 270Fact:the complainant, a public servant was slapped, dragged by theshirt and pushed against the wall by accused while performing hisduties.Held:Accused was convicted of an offence under Section 353 of PenalCode. azrin hafiz / LAW 555 / Nov 2012 7
  8. 8. Ismail v PP [1963] 1 MLJ 208Fact:the appellant, a postman was stated to approach the complainant,Mek and from his expression, Mek could see he had an intentionto disturb. She went into her house as she had only a sarong ontied up to her breast at that time. He asked Mek whether she wassingle or married. Mek told him she was married. He then pulledout $5 and said: "Even if you are married take this money“.Held:the words uttered by the appellant are so vague that one cannotsay with certainty that there has been a solicitation for sexualintercourse. azrin hafiz / LAW 555 / Nov 2012 8