Not too long ago, a video clip of two gentlemen fighting in a local sundry shop was circulating on social media. In the video clip, the two men are seen to be in a quarrel, which then escalated to a few rounds of fighting with one gentleman being on the receiving end of numerous punches and kicks.
In case you were not aware, it is a crime to attack another person, including punches, kicks and slaps. So, avoiding this is a great idea if you want to stay out of jail.
However, you should be aware that (aside from being convicted of a crime) you could also end up getting sued for throwing punches. Under the law, physically harming another person is called “battery”.
There are three things[1] that need to be proven in a claim for battery, namely:
- That there was physical contact;
- That the harm was done without the victim’s consent; and
- That the harm was done intentionally or accidentally.
Based on these elements, it is quite clear that punching or kicking someone in a brawl would certainly be a case of battery.
If the claim for battery is proven, the perpetrator would likely end up having to pay money to the victim as compensation for the harm caused. Under the law, this is called “damages”.
The Courts take into account various factors when awarding damages for battery, including:
- How severe was the attack?
- How did it happen?
- What was the trigger?
- How much was the cost of medical treatment?
- Will the victim suffer any permanent injuries?
- Will the victim need long term medical treatment?
- Did the victim suffer a loss of income?
Based on the answers to these questions, the Courts will decide on a fair amount of compensation to be paid to the victim.
So, the next time you think about punching someone, ask yourself these two questions:
- Am I ready to go to jail?
- Once I am in jail, will I have money to pay damages?
Hopefully, that would be a strong enough motivation to unclench your fists.
[1] Ahmad Azhar bin Othman v Rozana bt Misbun [2021] 9 MLJ 82
About the Author
Sahain is a Legal Associate of XK Law. He graduated with Honours from the National University of Malaysia. Sahain believes that the legal fraternity plays an integral part in the operation of the rule of law in Malaysia and is keen to utilise his legal education towards the betterment of society and the country.
