RRAAFFAA && CCOO.. AASSSSOOCCIIAATTIIOONN BATTERY VS ASSAULT Battery and assault, while sometimes interwoven, have significant features. An anonymous individual honked his automobile in front of the plaintiff's residence because it was being obstructed by a white Myvi. TAN PENG HUAT V TAN HEE SOON "Unraveling the Consequences: The Hidden Harms of Battery Cases Revealed" [email protected] CASE OF THE MONTH TOP 3 CURRENT BATTERY CASES LEGAL MAGAZINE www.rafasite.com THE TORT LAW OF BATTERY 'Awie', a well-known musician and actor, beat his wife by employed a monopod for pounding, which broke into three parts. AHMAD AZHAR BIN OTHMAN V ROZANA BT MISBUN
NURSARA ADILA BINTI NOR ZAINAL Hi readers ! I have take my part in this e-magazine but it would not be possible without the kind support and help from Dr.Farhah and the members. I would like to extend my sincere thanks to all of them ! I also want to show my gratitude for Dr.Farhah for teaching me this subject , i have learned so much from you.Thanks again to all who helped me.❤️ Dear My Lovely Readers, I hope you enjoy reading our e-magazine! Creating this emagazine on battery law in tort has been an eye-opening journey for me as a law student. Through mock client counseling and case analysis, i have gained valuable insights into this complex legal realm. Not to forget, a big thank you to Dr. Farhah for her invaluable guidance throughout the process of learning and completing all the assignments in this foundation studies. Without you, i won’t be surviving this semester❣ NUR ATIRAH SOLEHAH BINTI MOHD RADZI ACKNOWLEDGEMENT ACKNOWLEDGEMENT 2023868034 2023847466
Hello lovely readers, we have completed our e-mag assignment on the time you read this. I’ve learned a lot by doing both client counselling and e-magazine for this course. With client counselling, I’ve experienced first hand how the counselling works, and I began to further fell in love with reading case law by researching cases for the e-magazine. Of course this all wouldn’t be possible without the guidance of our lovely lecture Dr. Farhah. Thank you Dr.for your never ending guidance and knowledge. I truly enjoy being in your class.❤️❤️ NUR SYAFIQAH WAFAA’ BINTI NORADON Welcome, esteemed reader, to our latest issue of The Law of Battery. We're honored to have you join us as we delve into the complex and fascinating world of law. I wanted to take a moment to express my sincere gratitude for the opportunity to work with my teammates on this emagazine. The experience of client counseling and contributing to the magazine has been truly rewarding and enlightening. To Dr. Farhah, your guidance and expertise have been invaluable to me, and I have learned so much from each and every class. I am grateful for the support and encouragement you have provided me throughout this experience. NURUL FARHANA BINTI BISARA SIRHAN 2023471034 2023635794
Introduction 01 The Law of Battery 02 Element of Battery 03 Case of the Month : Tort Battery 05 Word Search 07 Tan Peng Huat v Tan Hee Soon 08 Ahmad Azhar bin Othman v Rozana bt Misbun 09 References 11 Rafa & Co Association Report 2024 TTAABBLLEEOOFF CCOONNTTEENNTTSS
Legal Magazine May Edition | page 1 OUR EXPERIENCE HANDLING BATTERY CASE UNDER THE LAW OF TORT RAFA & co association We Provide Legal Help For You One of cases our legal team have been working on this month is involving battery under the tort law. The case was definitely more challenging to handle compared to our previous cases as it deals with an internet social media celebrity, representing a law firm in this situation demands a sophisticated approach that recognises the intersection of law and online management. This could mean using media relations to shape the narrative, using an effective negotiation strategies and taking a strong stance in court to protects our client’s interest. IN RAFA & CO ASSOCIATION We try our hardest in highlighting the significance in maintaining professional and choosing the most effective strategies to safeguard the rights of any aggrieved parties who come and seeking for help from us. By balancing legal diligence with sensitivity to the influencer’s public image, our law firm can uphold its commitment to justice while navigating the complexities of high-profile cases.
The principle of transferred intent applies when harm intended for one person affects another. For example, if someone avoids being struck but another individual is inadvertently hit instead, both assault and battery may be established (FindLaw). Assault involves instilling fear of imminent battery, while battery requires actual physical contact. Even unintended physical contact can lead to civil liability if it causes harm or offends a reasonable person, such as non-consensual thigh touching. Battery and assault, often intertwined, but have distinct differences. Battery entails intentional physical contact or the application of force to another person, whereas assault involves threatening battery or instilling fear of imminent harm. Typically, assault precedes battery, resulting in combined charges like "assault and battery." According to legal definitions, battery is a criminal offense involving physical contact with another individual without their consent, which can include terrifying or frightening contact even if no harm occurs (Legal Dictionary). Battery falls under the category of intentional torts, arising from deliberate actions rather than accidents. It doesn't require a specific intent to cause harm but merely the intention to make unwanted contact, with gross negligence or recklessness also satisfying the intent requirement. WHAT IS BATTERY? WHAT DIFFER BETWEEN BATTERY AND ASSAULT? DEFINITION
The prima facie case for battery contains 4 components (Cornell): By Nur Atirah Solehah Binti Mohd Radzi The second essential element involves the act being under the defendant's control, requiring that the defendant's action be voluntary. In Gibbons v. Pepper [1695] 1 Ld Raym 38 Despite the defendant riding a horse, the act of the horse bolting due to an external force absolved the defendant of liability, as the action was beyond their control. 2THE ACT WAS UNDER THE DEFENDANT’S CONTROL The first crucial element pertains to the defendant's mental state, requiring the application of force with intention. Notably, violence is not necessary, and any physical contact with the plaintiff or their clothing is enough to constitute 'force'. Although intention typically aligns with the defendant's direct action, the doctrine of transferred intent expands its interpretation, thus broadening the defendant's potential liability. Despite the defendant's action not directly affecting the plaintiff, their liability was established, as A and B's reaction for their safety lacked the intention to harm. 1THE MENTAL STATE OF THE DEFENDANT BBAATTTTEERRYY EELLEEMMEENNTTSSOOFF | 2023868034 In the case of Scott v. Shepherd [1773] 96 Eng. Rep. 525
The case involved a woman being stopped by a police officer without legal authority, leading to a struggle where the woman scratched the officer. P C A H P O Y P N S L T I I A C C C A A T T L I O O R N 3 OF FORCE OCCURS The fourth element emphasises the absence of the plaintiff's consent, as one cannot touch another person without their express or implied agreement or lawful justification. 4WITHOUT PLAINTIFF’S CONSENT The court ruled that the officer's action of grabbing the woman's arm constituted an unlawful assault (battery) since he lacked the power to detain her (LawTeacher). As a result, the woman's conviction for assaulting the officer was overturned, clarifying that battery encompasses any intentional touching outside of acceptable boundaries. The defendant's actions of scratching and hitting the plaintiff due to jealousy were deemed battery, as they lacked consent. However, consent can be implied, as seen in scenarios like tapping someone's shoulder for attention or incidental touching while queuing for transportation. In Collins v. Wilcock [1984] 3 All ER 374, The third element necessitates physical contact or the application of force, requiring some form of touching with the plaintiff's body or clothing. In the case of Tiong Pik Hiong v. Wong Siew Gieu [1964] 30 MLJ 181,
CASE OF THE MONTH: TORT BATTERY CASE OF THE MONTH: TORT BATTERY Not only that, even after pushing Caca to the floor, Tilly continued by kicking her on the legs which caused her right legs to bruised and results to that, she is unable to go to work for one week because she can’t stand for too long. While Caca was working, Tilly has come into the shop and sat herself on a table. Caca then went and assisted Tilly as directed by her boss and proceed to take her order to the kitchen. After her meal is done being prepared, Caca went forward to deliver the meal to the table, but also at the same time Tilly abruptly stood up from her chair to take a call. This caused them to collide with one another and the drink that were on the tray fell and got to Tilly’s shoes. Caca immediately apologized and offered to wipe her shoes, but it went ignored as Tilly proceed to pushed Caca repeatedly while asking why did she do that, this caused Caca to fall to the floor and made her hands bleed. Caca (not a real name) work as a part timer as a server at a restaurant on weekday. The owner of the said restaurant contacted Tilly ( also not a real name ) to make a paid review deal with Tilly and for her to come and review their foods while promoting the restaurant, knowing Tilly had a remarkable platform on social media. BACKGROUND FACTS Caca MATERIAL FACTS Tilly proceed to pushed Caca repeatedly while asking why did she do that, causing Caca to fall to the floor and bleeds her hands Even after pushing Caca to the floor, Tilly continued by kicking her on the legs which caused her right legs to bruised She is unable to go to work for one week because she can’t stand for too long as a result from Tilly’s action by Nurul Farhana bt Bisara Sirhan 2023471934Handled by: RaFa & Co. Legal Team
Whether the act of defendants amounts to battery under the Tort Law? Based on this case, the defendant’s action of hitting plaintiff multiple times is considered as battery as it fulfilled all of the required elements. This element is fulfilled because the defendant had applied the force with her own intention which is out of spite because the plaintiff spilled drink on her shoes. THE FIRST ELEMENT; MENTAL STATE OF DEFENDANT MUST BE STABLE AND SOUND THE SECOND ELEMENT; THE DEFENDANT MUST BE UNDER HER OWN CONTROL The defendant did the action voluntarily and the defendant is not under anyone’s threat. THE THIRD ELEMENT; PHYSICAL CONTACT The defendant has evidently made physical contact with the plaintiff’s body when she hit and push plaintiff’s body to the floor and proceed to kick her leg. THE FORTH ELEMENT; ACTION IS DONE WITHOUT PLAINTIFF’S CONSENT The plaintiff has clearly shown no consent were given when the plaintiff tried to stand up after being kicked by the defendant. Conclusion LEGAL ISSUE Based on the facts of the case, the act of defendant does amounts to battery under the Tort Law Application
PLAINTIFF MENTAL STATE CONSENT BODY ASSAULT BATTERY LIABILITY DEFENDANT JUSTIFICATION CLOTHING TOUCHING CONTACT INTENTIONAL PHYSICAL CONTROL VOLUNTARILY LAWFUL DIRECT FORCE LLAAWWOOFFBBAATTTTEERRYYWWOORRDDSSEEAARRCCHH::
Whether the defendant intentionally attacked and caused harm to the plaintiff? TAN PENG HUAT V TAN HEE SOON [2021] MLJU 1003 ISSUE The defendant has business in front of plaintiff’ s house. On 8.9.2019 , an unknown man honked his car in front of the plaintiff’ s house because his was blocked by a white Myvi. After a while , the defendant confronted the plaintiff at his yard because of the noise. The defendant and plaintiff had arguments and the plaintiff’ s claimed he did not aware of the situation. Later the defendant hit the plaintiff continuously at his face and chest. The defendant’ s action towards the plaintiff caused the plaintiff to fall down at the concrete floor. The plaintiff was admitted to hospital for 5 days because he was injured at his right side waist and couldn ’t walk due to the defendant’ s action. MATERIAL FACTS 0 2 JU L Y 2 0 2 5 | @ R E A L L Y G R E A T SIT E NURSARA ADILA BINTI NOR ZAINAL | 2023847466 APPLICATION OF THE MENTAL STATE OF THE DEFENDANT In this case ,the defendant has the intention to hurt the plaintiff as he went to the plaintiff’ s house and hit the plaintiff . Even after the plaintiff had claimed that he did not know about the situation, the defendant still hit the plaintiff continuously . From here , it shows that the defendant’ s action has fulfilled the element of battery which the defendant has intention to caused harm to the plaintiff. COURT DECISION The defendant’ s physical assault of the plaintiff amounted to battery. The court determined all elements of battery had been proven, the defendant is ordered to compensate the plaintiff.
Ahmad Azhar bin Othman v Rozana bt Misbun [2021] 9 MLJ 82 Ahmad Azhar bin Othman v Rozana bt Misbun [2021] 9 MLJ 82 This appeal is about charges of wife beating by the famous musician and actor known as 'Awie'. On June 2, 2014, the defendant accused the plaintiff of stealing money at their marital house. The defendant physically assaulted the plaintiff at home (first battery). The defendant repeatedly hit the plaintiff on the nose, causing her to tumble to the floor. The plaintiff was laying on the floor when the defendant kicked and stomped on the left side of her chest. This appeal is about charges of wife beating by the famous musician and actor known as 'Awie'. On June 2, 2014, the defendant accused the plaintiff of stealing money at their marital house. The defendant physically assaulted the plaintiff at home (first battery). The defendant repeatedly hit the plaintiff on the nose, causing her to tumble to the floor. The plaintiff was laying on the floor when the defendant kicked and stomped on the left side of her chest. Defendant physically assaulted the plaintiff ar home (first battery). Defendant repeatledly hit the plaintiff on the nose, causing her to tumble to the floor. Defendant kicked and stomped on the left side of her chest when plaintiff was laying on the floor. Defendant use monopod for battering, which shattered into three pieces. Defendant yelled and slapped the plaintiff on the face and chest (second battery). Defendant attacked plaintiff where they were in parking park (third battery). Defendant physically assaulted the plaintiff ar home (first battery). Defendant repeatledly hit the plaintiff on the nose, causing her to tumble to the floor. Defendant kicked and stomped on the left side of her chest when plaintiff was laying on the floor. Defendant use monopod for battering, which shattered into three pieces. Defendant yelled and slapped the plaintiff on the face and chest (second battery). Defendant attacked plaintiff where they were in parking park (third battery). BACKGROUND OF THE FACTS MATERIAL FACT The defendant forcefully brought the plaintiff to an Alliance Bank branch and compelled the plaintiff to withdraw all of the money in the plaintiff's bank account, which totaled about RM29,000 ('sum'). The defendant pushed the plaintiff to attend to the office of Permodalan Nasional Bhd ('PNB') so that the plaintiff may take all of the money from the plaintiff's 'Amanah Saham Bumiputera' account ('ASB'). The defendant forcefully brought the plaintiff to an Alliance Bank branch and compelled the plaintiff to withdraw all of the money in the plaintiff's bank account, which totaled about RM29,000 ('sum'). The defendant pushed the plaintiff to attend to the office of Permodalan Nasional Bhd ('PNB') so that the plaintiff may take all of the money from the plaintiff's 'Amanah Saham Bumiputera' account ('ASB'). The defendant also used a monopod for battering, which shattered into three pieces. The first battery occurred in front of the plaintiff and defendant's three children, a housekeeper, and the defendant's personal chauffer. The defendant also used a monopod for battering, which shattered into three pieces. The first battery occurred in front of the plaintiff and defendant's three children, a housekeeper, and the defendant's personal chauffer. The defendant was furious when PNB notified him that the plaintiff only had RM230 in the ASB account. As a result, the defendant yelled and slapped the plaintiff on the face and chest at the PNB's reception counter ('second battery'). After the plaintiff and defendant exited PNB and were in a parking park, the defendant attacked him again. The defendant was furious when PNB notified him that the plaintiff only had RM230 in the ASB account. As a result, the defendant yelled and slapped the plaintiff on the face and chest at the PNB's reception counter ('second battery'). After the plaintiff and defendant exited PNB and were in a parking park, the defendant attacked him again. BY: NUR SYAFIQAH WAFAA’ BT NORADON | 2023635794
APPLICATION OF PHYSICAL CONTACT Physical contact was an essential element of the battery charge against Ahmad Azhar bin Othman. The defendant, Ahmad Azhar bin Othman, physically contacted the plaintiff, Rozana bt Misbun, by hitting her in the face and chest, both at the PNB's reception counter and in the parking lot. This physical contact was made without Rozana bt Misbun's consent and was the basis for the battery charge. HE COURT DECISION LD In general, for a battery charge to be applicable, physical contact must be made without the plaintiff's consent. This physical contact can include touching the plaintiff's body or clothing in some way. The defendant's act causing the physical contact must be voluntary and under their control. The defendant's appeal against SC's judgment relating the original action is dismissed with costs, while the defendant's appeal concerning SC's decision in respect of the counterclaim is permitted, with the counterclaim stricken out with no order as to costs. The physical contact between Ahmad Azhar bin Othman and Rozana bt Misbun was not only intentional but also aggressive, resulting in the plaintiff suffering injuries. This behavior fulfilled all four elements of the battery charge, making it applicable to the case. Whether the learned SCJ make a ‘plain error of fact’ in allowing the original action regarding the three batteries? LEGAL ISSUE
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