Indecent Assault Under the Criminal Justice System
Price RM40.00
Product SKU 9789674184377
Size (L x W x H) 31 cm x 22 cm x 3 cm
Availability 49
Shipping Fee

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?