Professional Documents
Culture Documents
Non-Fatal Offences
Part One
1
Offences Against a
Person Offences that will be
covered under this
heading include :-
Part One of
Criminal Law
covered the Criminal Force;
following offences Assault;
Wrongful Restraint ;
Section 300, s299 s Wrongful Confinement;
304A, s 312 s 321, and Kidnapping; and
s322. Rape.
2
Types of Non-Fatal Offences
Criminal Force – It The meaning of force
is penalised under s is defined under s
350 of the Code. 349.
5
Mens Rea of Assault
The prosecution has
The section clearly to prove beyond
stipulates the mens reasonable doubt
rea as follows: that the defendant
had either:
i) intended that his
victim apprehend
immediate physical
force; OR
6
Mens Rea of Assault
ii) it is likely that the Thus, in essence this
victim will apprehend section imputes
immediate force. criminal liability on
the defendant if his
actions had caused
the victim to merely
apprehend criminal
force although the
actual force was not
applied.
7
Lecture Two
Non-Fatal Offences Pt. 2
The offences that will be covered here
are:
Wrongful Restraint ;
Wrongful Confinement;
Kidnapping; and
Rape.
8
Wrongful Restraint
One who prevents or obstructs another
whereby the latter is prevented from
going in the direction that he wishes to
go, the one who prevents could be
charged under s 339 for wrongfully
restraining the victim, if convicted he
could be punished under
s 341.
9
Possible Defence :
10
Wrongful Confinement
11
However, the offenders may not be
charged of these offences if they can
prove that the restraint or the
confinement was justified.
12
Kidnapping
S 359 - Kidnapping
Section s359 Kidnapping is of two
recognises , kinds: kidnapping
kidnapping under from Malaysia and
two sections : The kidnapping from
section reads as lawful guardianship.
follows:
13
Kidnapping
Under s 360 -
Under s 361 -
Kidnapping from Kidnapping from lawful
Malaysia. guardianship.
Whoever conveys any Whoever takes or entices any
person beyond the minor under fourteen years of
limits of Malaysia age if a male, or under sixteen
without the consent of years of age if a female, or any
that person, or of some person of unsound mind, out of
person legally the keeping of the lawful
authorised to consent guardian of such minor or
on behalf of that person of unsound mind,
person, is said to without the consent of such
kidnap that person guardian, is said to kidnap such
from Malaysia. minor or person from lawful
guardianship.
14
Noraini Mat Zainol v. PP,
[2011] 1 LNS 1061
Here the accused was convicted and punished under s
363 which punishes both types of kidnapping.
Background
16
The appellant was later convicted of
kidnapping and punished under 363. Her
husband was charged of abetting her
( an offence penalised under s107) in
committing the offence.
17
Defence - Unsoundness of the Mind – s 84 –
18
The Effect of successfully pleading the defence under s 84.
(1) Whenever the finding states that the accused person committed
the act alleged, the Court before which the trial has been held
shall, if that act would, but for incapacity found, have constituted
an offence, order that person to be kept in safe custody in such
place and manner as the Court thinks fit and shall report the case
for the orders of the Ruler of the State in which the trial is held.
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ii) To be detained indefinitely
21
Abduction, Wrongful Restraint and Wrongful Confinement
- Kidnapping Act 1961
(1) Whoever, with intent to hold any person for ransom, abducts or
wrongfully confines or wrongfully restrains such person shall be guilty of
an offence and shall be punished on conviction with death or
imprisonment for life and shall, if he is not sentenced to death, also be
liable to whipping.
22
PP v. Arunn Ramalingam & Ors, [2012] 1 LNS
213
23
Rape
It is penalised under s 375. The offence can
only committed by a male and the victim
can only a female.