|Size (L x W x H)||31 cm x 22 cm x 3 cm|
Authors : Mohamad Ismail Mohamad Yunus
ISBN : 9789674184377
Publisher : IIUM Press
Year : 2019 (Second Reprint)
Pages : 136
Is it legally correct to say that indecent assault means an assault, which has an element of indecency? According to Gibson, in the celebrated case of R.v. Court (1987) 84 Cr. App. R. 210, (CA), indecent assault means an assault accompanied by circumstances of indecency on the part of the defendant towards the complainant, and 'indecent' has been defined as overtly sexual. What has the prosecution got to do to prove to establish the defendant's conduct was such that it would appear to an ordinary observer as an affront to modesty; conduct, whcih contravenes right-thinking people's ideas of standards of decent behaviour. Secondly, that the defendant had an indecent intention in doing what he did. However, in Malaysia, under section 354 of the Malaysian Penal Code, the term "assault or use of criminal force to a person with intent to outrage modesty" is used istead of "indecent assault". The question is, do the above legal requirements, whcih were laid down in R.v. Court need to be fulfilled as the essential ingredients under section 354 of the Malaysian Penal Code?