Wong Kian Kheong J:

(Appeal To High Court Against Sessions Court's Decision After Trial)

A. Introduction

[1] This appeal concerns allegations of wife battering by a famous singer and actor known as "Awie".

[2] A novel question of constitutional importance (Constitutional Question) arises in this case - whether s 260 of the Criminal Procedure Code ( CPC ) [which provides that the compounding of an offence committed by a person (X) against another person (Y)]-

(1) bars Y from filing a civil suit for damages for a tort of battery committed by X against Y; or

(2) does not prevent Y from suing X for the tort of battery because s 260 CPC should be modified pursuant to art 162(6) of the Federal Constitution (FC) as may be necessary to bring s 260 into accord with art 5(1) FC (which provides for Y's fundamental right of access to justice by the institution of Y's suit against X).

[3] I will refer to parties as they are before the Sessions Court (SC).

[4] The plaintiff (Plaintiff) is the wife of the defendant (Defendant).

B. Plaintiff's Case

[5] The Plaintiff claimed as follows, among others:

(1) on 2 June 2014, in the matrimonial home of the Plaintiff and Defendant at no 9, Jalan UB5B,