Crossing the boundry
Trespass to person: when a person intentionally causes harm to a person's body Assault: an act by df that causes pt reasonable apprehension of e infliction of battery on him by df.
3 elements;
a. Threat to commit battery
b. Reasonable apprehension
c. Ability to carry out e threat
STEPHEN v MYERS
Df stated would rather pull pt out of his chair,
Walked towards pt. was stopped by others.
R v WILSON
'Get out your knives' sufficient to constitute assault.
R v IRELAND
Threats through phone can constitute assault if pt had reason to believe threat can b carried out by df. Even maliciously silent calls can constitute assault
TUBERVILTE v SAVAGE
Authority for conditional threat
THOMAS v NATION UNION OF MINEWRKERS
No ability to carry out threat because df was waving his fist at pt from a moving train.
Battery: Intentional & direct application of force towards another person without that person's consent
Hostile intention:
WILSON VPRINGLE
School boys playing. Df pulled pt's bag. Pt fell. Df jumped on pt. df claimed just playing.
COLLINS v WILCOCK - Bodily conduct isn't actionable If it is generally accepted as e conduct of daily life
SCOTT v SHEPPERD - Doctrine of transferred intent
Without lawful justification
MAHMOOD v GOV OF M'SIA
DANING B LAJA v KK HJ TUARAN
F v WEST BIRKSHIRE
Direct Force: Any physical contact with the body is enough.
TIONG PIK v WONG SIEW - Def liable for scratching pt's face,
HAYSTEAD v CC DERBYSHIRE - Def struck e vie 2ce in e face while to his knowledge she was holding a 3 months old baby The impact caused her to drop the child.
False imprisonment: infliction of bodily restraint which causes e pt's confinement within an area determined by the df which Isn't expressly o impliedly authorized by e law.
Elements:
- Restraint of personal liberty
- Intention
- Complete restraint (no reasonable means of escape) - BIRD v JONES
- Knowledge of pt that he was restrained is immaterial
MEERING
MURRAY
Trespass to land
Interference with goods
Defences for trespass to person
(1) Consent:
IMPERIAL CHEMICALS V SHATWELL
MORRIS V MURRAY
Emergency situations
F v CC DERBYSHIRE
(2) Lawful arrest
Section 23 of CPC:
Police/penghulu may arrest w/o warrant when:
- a seizable offence has been committed.
- reasonable complaint has been made,
- credible Info received
- reasonable suspicion.
- Burden of proof on the arrester, ABDUL RAHMAN v TAN JO KOH & SHAABAN v CHONG
Section 27 of CPC:
Citizens may arrest if in his view a seizable offence has been committed.
Section 28 of CPC:
Penghulu / citizen must take arrested to police without unnecessary delay
Police must take him to magistrate
Cannot detain a person for more than 24 hours without warrant
KUAN KWAICHOI: was detained for 52hrs before taken to magistrate.
S117 - magistrate can remand for a period less 15 days
Article 5 of Federal Constitution
(3) Rights of arrested: - grounds of arrest -lawyer – phone call
(s28A, CPC)
(a4) Ss. 28,117, CPC
(3) Reasonable condition: If pt detained under reasonable circumstances won't cause False Imprisonment
ROBINSON v BALMAIN (1 p case) HERD v WEARDALE
(4) Necessity
(5) Self-Defence
Trespass to person: when a person intentionally causes harm to a person's body Assault: an act by df that causes pt reasonable apprehension of e infliction of battery on him by df.
3 elements;
a. Threat to commit battery
b. Reasonable apprehension
c. Ability to carry out e threat
STEPHEN v MYERS
Df stated would rather pull pt out of his chair,
Walked towards pt. was stopped by others.
R v WILSON
'Get out your knives' sufficient to constitute assault.
R v IRELAND
Threats through phone can constitute assault if pt had reason to believe threat can b carried out by df. Even maliciously silent calls can constitute assault
TUBERVILTE v SAVAGE
Authority for conditional threat
THOMAS v NATION UNION OF MINEWRKERS
No ability to carry out threat because df was waving his fist at pt from a moving train.
Battery: Intentional & direct application of force towards another person without that person's consent
Hostile intention:
WILSON VPRINGLE
School boys playing. Df pulled pt's bag. Pt fell. Df jumped on pt. df claimed just playing.
COLLINS v WILCOCK - Bodily conduct isn't actionable If it is generally accepted as e conduct of daily life
SCOTT v SHEPPERD - Doctrine of transferred intent
Without lawful justification
MAHMOOD v GOV OF M'SIA
DANING B LAJA v KK HJ TUARAN
F v WEST BIRKSHIRE
Direct Force: Any physical contact with the body is enough.
TIONG PIK v WONG SIEW - Def liable for scratching pt's face,
HAYSTEAD v CC DERBYSHIRE - Def struck e vie 2ce in e face while to his knowledge she was holding a 3 months old baby The impact caused her to drop the child.
False imprisonment: infliction of bodily restraint which causes e pt's confinement within an area determined by the df which Isn't expressly o impliedly authorized by e law.
Elements:
- Restraint of personal liberty
- Intention
- Complete restraint (no reasonable means of escape) - BIRD v JONES
- Knowledge of pt that he was restrained is immaterial
MEERING
MURRAY
Trespass to land
Interference with goods
Defences for trespass to person
(1) Consent:
IMPERIAL CHEMICALS V SHATWELL
MORRIS V MURRAY
Emergency situations
F v CC DERBYSHIRE
(2) Lawful arrest
Section 23 of CPC:
Police/penghulu may arrest w/o warrant when:
- a seizable offence has been committed.
- reasonable complaint has been made,
- credible Info received
- reasonable suspicion.
- Burden of proof on the arrester, ABDUL RAHMAN v TAN JO KOH & SHAABAN v CHONG
Section 27 of CPC:
Citizens may arrest if in his view a seizable offence has been committed.
Section 28 of CPC:
Penghulu / citizen must take arrested to police without unnecessary delay
Police must take him to magistrate
Cannot detain a person for more than 24 hours without warrant
KUAN KWAICHOI: was detained for 52hrs before taken to magistrate.
S117 - magistrate can remand for a period less 15 days
Article 5 of Federal Constitution
(3) Rights of arrested: - grounds of arrest -lawyer – phone call
(s28A, CPC)
(a4) Ss. 28,117, CPC
(3) Reasonable condition: If pt detained under reasonable circumstances won't cause False Imprisonment
ROBINSON v BALMAIN (1 p case) HERD v WEARDALE
(4) Necessity
(5) Self-Defence
