Assault or using force to deter a public servant from discharging of official duty

Mohamad Yunus, Mohamad Ismail and Mohamad Hanifa, Shamshina and Abdul Rahman, Mohamad Ikhbal (2017) Assault or using force to deter a public servant from discharging of official duty. Malayan Law Journal, 3 (May-June 2017). xix-xxxiii. ISSN 0025-1283

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Abstract

In Malaysia, it has been an outrageous phenomenon lately regarding a crime of obstructing public servant in discharge of his public functions. It was actually sad to know that Malaysians are very aggressive in dealings with public servants whereby most of the cases public servants were only discharging their public duties that they are responsible for. For instance, in November 2016, a Magistrate’s court sentenced a married couple to 14 days’ jail after pleading guilty to using criminal force to deter a female officer from carrying out her duty. The couple admitted to using criminal force to prevent a 23 year old female officer from discharging her duty. The couple was charged under s 353 of the Penal Code. The Magistrate ordered the couple to pay a fine of RM3,000 each, in default seven days’ jail. The court also allowed a stay of execution pending the prosecution appeal on the sentences and the couple was granted bail at RM2,000 each. According to the charge sheet, the accused had used criminal force against the Municipal officer when she was on duty, which carries a maximum two-year imprisonment, a fine, or both upon conviction. According to Inspector General of Police, based on the facts of the case the man can be probed for sexual harassment and obstructing a civil servant from performing her duty. The IGP also reminded the public that they should not bully civil servants who are carrying out their duties. Recently, on 20 January 2017, the High Court allowed the prosecution’s appeal to increase the sentences. The Judicial Commissioner made a remark that the two weeks jail sentence was inadequate and increased the jail term to five months, to reflect the seriousness of the offence. This article attempts to elaborate on the legal issue from the perspectives of different jurisdictions.

Item Type:	Article (Journal)
Additional Information:	1688/61058
Uncontrolled Keywords:	public servant, obstruction, public duty
Subjects:	K Law > K Law (General) K Law > KBP Islamic Law K Law > KD England and Wales
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:	01 Jan 2018 19:08
Last Modified:	01 Jan 2018 19:08
URI:	http://irep.iium.edu.my/id/eprint/61058

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