Indecent assault and criminal justice system: a comparative apparaisal

Mohamad Yunus, Mohamad Ismail (2014) Indecent assault and criminal justice system: a comparative apparaisal. In: International Conference on Law, Order and Criminal Justice (ICLOCJ 2014), 19th-20th November 2014, Kuala Lumpur.

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Abstract

Is it legally correct to say that indecent assault means an assault, which has in it an element of indecency? According to Ralph 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 prove to establish the defendant‟s guilt on this charge of indecent assault? It is said that they must prove two things. Firstly, that the defendant‟s conduct was such that it would appear to an ordinary observer as an affront to modesty: conduct, which contravenes right-thinking people‟s ideas of standards of decent behaviour. Secondly, that the defendant had an indecent intention in doing what he did. So, first indecent assault must represent conduct that would appear to the ordinary observer as an affront to modesty and secondly it must have an indecent intention (motive) on the part of the defendant 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 instead of “indecent assault”. The question is, does the above legal requirements, which were laid down in R. v. Court need to be fulfilled as the essential ingredients under section 354 of the Malaysian Penal Code?

Item Type:	Conference or Workshop Item (Plenary Papers)
Additional Information:	1688/50584
Uncontrolled Keywords:	Indecent Assault, criminal justice system
Subjects:	K Law > K Law (General)
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws > Department of Legal Practice
Depositing User:	DR MOHAMAD ISMAIL MOHAMAD YUNUS
Date Deposited:	10 May 2016 08:30
Last Modified:	11 May 2016 14:48
URI:	http://irep.iium.edu.my/id/eprint/50584

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