🔥Inflicting physical harm or causing fear of physical injury within a husband-wife relationship is considered domestic violence under the Domestic Violence Act 1994 (Amendment) 2017 and is also a criminal offense under the Penal Code.🔥

In the case of Public Prosecutor v. Makbul (not the real name), the accused hit his wife with a broomstick, resulting in injuries and bruises on her lips. The victim suffered a “soft tissue injury upper lip” due to the assault by her husband. The accused was charged under section 232 of the Penal Code read together with section 326A of the Penal Code. However, the accused’s sentence was reduced to one day in prison by the Court on appeal, considering mitigating circumstances stating that the accused, aged 66, was unemployed and suffered from swollen and watery legs.

💥If a husband or wife behaves in such a manner, the victim can take action to protect themselves from further harm.💥

⚖️The law provides protection for victims of domestic violence. You can file a report at the Police Station, lodge a complaint at the District Social Welfare Office, or contact the Talian Kasih helpline at 15999.⚖️

 What do I need to know before filing a claim?

Before filing a claim in court, you should consider the following:

1. Is your claim justified?

2. Is your claim within the specified time limit?

3. How will you support your claim? Do you have the necessary evidence in the form of documents or witnesses?

4. You should also consider the likelihood of losing your case and its consequences. For example, being ordered to pay the opponent’s costs.

ONLINE DATING SCAM? LOVE SCAMMER?

🔴 What is a ‘love scammer’?

👉🏻 ‘Romance scam’ occurs when a criminal disguises themselves as a fake online persona to gain the affection and trust of a victim. The scammer then uses the illusion of love or a close relationship to manipulate and/or steal from the victim.

👉🏻 Online romance scams are terrifying because they have a dual impact on the victim. Some impacts include financial loss, the loss of a relationship that can leave deep emotional effects, and trauma.

🔴 Who is a ‘love scammer’?

👉🏻 They often work remotely, for instance, outside the country, or claim to be in the military or working with international organizations.👉🏻 They profess their feelings too early on and rush the relationship, often by sending messages or frequent calls throughout the day.

🔴 Some signs of a romance scam include premature declarations of love, constantly asking for money despite the new relationship, claiming to need financial assistance, or faking emergencies like needing a visa, passport, immigration documents, flight tickets, and so on.

In the case of Public Prosecutor v. Wong (not the real name), the ‘love scam’ scheme involved the accused engaging victims in conversations and enticing them to expose their genitals during video calls. These video calls were recorded and used to extort money from the victims. Refusal to meet their demands posed a risk when the explicit videos and images were exposed to the victim’s family members. The accused committed an unlawful act by deceiving the victim in a ‘love scam’ and blackmailing them using explicit video recordings, contrary to section 420 of the Penal Code.

Is defamation also a criminal offense?

🧐 Did you know that besides civil lawsuits, defamation can also be categorized as a criminal offense in Malaysia?

📖 Under Section 499 of the Penal Code, any individual who makes or publishes any false statement that may or could damage another person’s reputation, and is written or disseminated with malicious intent, has committed the criminal offense of defamation.

🧑‍⚖️ And if convicted, the accused can be punished with a maximum of two years’ imprisonment or a fine or both, as provided under Section 500 of the Penal Code.

Can WhatsApp be used as evidence?

WhatsApp and Telegram have become some of the most commonly used platforms by Malaysians for communication. Therefore, the court recognizes the use of such online messages by allowing the use of messages and images shared through these platforms as evidence in both civil and criminal proceedings, provided that the evidence is presented according to the prescribed guidelines.

In the case of Mok v Bol (not the real names), the High Court allowed WhatsApp messages to be presented as evidence in court, categorizing them as ‘documents’ under the Evidence Act 1950.

Additionally, in the case of Plant v Hunt (not the real names), most of the evidence used was WhatsApp message conversations to prove that the defendant did not commit a breach of trust.

Finally, in the case of Shamsul v Sam (not the real names), the court ruled that a valid agreement enforceable through WhatsApp could be established. This aligns with the provisions of the Contracts Act 1950, which does not mandate that an agreement must be written to be valid.

Victims of scams can be charged too?!

Don’t be surprised, because this case happened to Sabrina (not the real name).

In the case of the Public Prosecutor vs. Sabrina, the accused was charged with two counts of knowingly concealing stolen property, an offense under Section 414 of the Penal Code. Sabrina got acquainted with a Facebook user named ‘Nas’, who requested her bank account information. As it turned out, ‘Nas’ had scammed several victims into depositing money into Sabrina’s account! Consequently, Sabrina was arrested under Section 424 of the Penal Code on charges of conspiracy to conceal the proceeds of deception. She claimed she had no knowledge of the source of the money and had no control over her account. Unfortunately, the Magistrate’s Court ruled that every bank account holder should be responsible for every transaction made, even if the PIN number is given to someone else. Ultimately, Sabrina was sentenced to 12 months in prison.

The lesson here is, do not casually provide your bank account information, especially to strangers.

Bullies can be charged under what section?

Receiving threatening letters and notes, having school uniforms cut, and hair snipped while sleeping?

These are different ways kids nowadays bully others. The victim, MRSM K student, complained to her mother, who then spoke out about the existence of a culture of betrayal and gangsterism in the school, uploading images as evidence on Facebook. According to the victim’s mother, the school failed to take prompt action, leading to her child experiencing anxiety.

This case was investigated under Section 427 of the Penal Code and if convicted, the offender can face imprisonment for up to 2 years, a fine, or both. It’s like you’ve entered MRSM, only to end up in Henry Gurney.

Bullies can also be charged under Section 323 of the Penal Code, where anyone who intentionally causes injury can be punished with imprisonment for up to one year, or a fine up to two thousand ringgit, or both.

In the case of Kuwan v Ku (not the real names), the plaintiff, a Form Two student at the Science Secondary School K, took action against the defendants for bullying incidents in the head prefect and assistant head prefect’s dorm room, resulting in injuries to the plaintiff’s right ear, face, and body. During the incident, the head prefect and assistant head prefect present in the same room did not take any action or prevent the defendants’ actions. As a result, the plaintiff suffered injuries as per the medical report issued by Hospital K.

The defendants were charged under Section 323 of the Penal Code, read together with Section 34 of the same Code. They pleaded guilty to the charges and were sentenced to a two-year good behavior bond.

In this case, the Court decided that all defendants were liable for negligence towards the plaintiff.

Do you need answers and solutions in a legal action? Get legal advice from our lawyers at Liyana & Co.

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