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TUTORIAL
Prepared by :
MUHAMMAD AIMAN BIN MOHAMMAD PUZI
SASHA JEAN ALEXANDER
Question April 2011
Zombee, an expert in remote sensing, has created a
device which can interfere with computer system.
Zombee used the device to interfere with the
movements of the lift in his employers building
causing a number of person to be in shock.
Discuss Zombee's liability.
Issue
Whether Zombie can be made liable under any
offence for causing shock to the lift's passengers by
interfering with the movement of the lift.
Principle
Section 350 of Penal Code states :
Whosoever intentionally uses force to any person,
without that persons consent, in order to cause the
committing of an offence, or intending by the use of
such force illegally to cause, or knowing it to be likely
that by the use of such force he will illegally cause
injury, fear, or annoyance to the person to whom the
force is used is said to use criminal force on the other
Force is further defined in Section 349 as a person is
said to use force if he CAUSES motion/change of
motion/ cessation(stop) of motion or he CAUSES
ANY SUBSTANCE (object / animal) such motion/
change of motion/ cessation & this MUST come into
contact with another party in one of these ways:
a) by his own bodily power, or;
b) by disposing any substance in such a manner that the
motion or change or cessation of motion takes place
without any further act on his part, or on the part of
any other person, or;
c) by inducing any animal to move, to change its
motion, or to cease to move.
Elements
1) Actus Reus
the use of criminal force to any person, w/o that persons
consent
such motion, etc must be caused by one of the 3 methods
specified under s. 349
1) Mens Rea
intention (intentional use of force to any person)
the use of force must be either to commit an offence/intend
by the use of such force illegally to cause/knowing it to be
likely to cause injury/fear/annoyance
The force must be used on a person
The person must be the ultimate object of the force.
The use of force on the person must be done illegally
which indicates actus reus.
It shows that the purpose of doing such acts is to
directly affect the person.
Case : Mohamed Abdul Kader v PP
[1967] 1 MLJ 86
Fact: The accused had been convicted of using criminal
force to a public servant to prevent him from discharging
his duty. The evidence was that the appellant who had a
chopper in his hand had said If you go in I will
hammer you.