Civil Remedies against Violent Attacker
A man was fined RM2,000.00 for brutally slapping and punching a woman in the car park area of a condominium in KL for honking him.
What action has been taken against the man?
According to news report, the man was charged under section 323 of the Penal Code for voluntarily causing hurt. He pleaded guilty to the charge and was fined RM2,000.00 by the court. The maximum punishment under section 323 of the Penal Code is imprisonment for a term up to a year or fine of RM2,000.00 or both.
Is the fine of RM2,000.00 the end of the matter?
The prosecution may appeal against the punishment meted out by the court. However, the decision whether to file an appeal is entirely in the hands of the deputy public prosecutor.
Does this mean the victim could only count herself unlucky for having to endure the punches and slaps?
The victim could still sue the man in the civil court for compensation. Some of the causes of action the victim could rely on are battery and assault.
What are the chances?
In a civil case, the victim could win the case as long as she proves her case based on balance of probability. In simple words, if her case is 51% probable, she wins the case. In determining whether the victim passes the threshold of 51/100, the court will look at the overall circumstances and evaluate all available evidence including the CCTV footage and testimonies of witnesses.
How much compensation can the victim get from the man?
The amount of compensation depends on the injuries sustained by the victim. Medical report showing the extent and seriousness of injuries suffered by the victim will be a crucial factor to consider. Besides, the court may consider imposing exemplary or aggravated damages due to the brutality of the assault.