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

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 dischar...

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Main Authors:	Mohamad Yunus, Mohamad Ismail, Mohamad Hanifa, Shamshina, Abdul Rahman, Mohamad Ikhbal
Format:	Article
Language:	English
Published:	LexisNexis Malaysia Sdn. Bhd. 2017
Subjects:	K Law (General) KBP Islamic Law KD England and Wales
Online Access:	http://irep.iium.edu.my/61058/ http://irep.iium.edu.my/61058/ http://irep.iium.edu.my/61058/2/Assault%20Against%20Public%20Servant%20-%20MLJ.pdf

id	iium-61058
recordtype	eprints
spelling	iium-610582018-01-01T11:08:52Z http://irep.iium.edu.my/61058/ Assault or using force to deter a public servant from discharging of official duty Mohamad Yunus, Mohamad Ismail Mohamad Hanifa, Shamshina Abdul Rahman, Mohamad Ikhbal K Law (General) KBP Islamic Law KD England and Wales 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. LexisNexis Malaysia Sdn. Bhd. 2017-06-30 Article PeerReviewed application/pdf en http://irep.iium.edu.my/61058/2/Assault%20Against%20Public%20Servant%20-%20MLJ.pdf 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 http://www.lexisnexis.com
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	K Law (General) KBP Islamic Law KD England and Wales
spellingShingle	K Law (General) KBP Islamic Law KD England and Wales Mohamad Yunus, Mohamad Ismail Mohamad Hanifa, Shamshina Abdul Rahman, Mohamad Ikhbal Assault or using force to deter a public servant from discharging of official duty
description	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.
format	Article
author	Mohamad Yunus, Mohamad Ismail Mohamad Hanifa, Shamshina Abdul Rahman, Mohamad Ikhbal
author_facet	Mohamad Yunus, Mohamad Ismail Mohamad Hanifa, Shamshina Abdul Rahman, Mohamad Ikhbal
author_sort	Mohamad Yunus, Mohamad Ismail
title	Assault or using force to deter a public servant from discharging of official duty
title_short	Assault or using force to deter a public servant from discharging of official duty
title_full	Assault or using force to deter a public servant from discharging of official duty
title_fullStr	Assault or using force to deter a public servant from discharging of official duty
title_full_unstemmed	Assault or using force to deter a public servant from discharging of official duty
title_sort	assault or using force to deter a public servant from discharging of official duty
publisher	LexisNexis Malaysia Sdn. Bhd.
publishDate	2017
url	http://irep.iium.edu.my/61058/ http://irep.iium.edu.my/61058/ http://irep.iium.edu.my/61058/2/Assault%20Against%20Public%20Servant%20-%20MLJ.pdf
first_indexed	2023-09-18T21:26:35Z
last_indexed	2023-09-18T21:26:35Z
_version_	1777412232597995520

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

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