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2017 MarsdenLR 206
COURT OF APPEAL PUTRAJAYA
KETUA POLIS DAERAH SHAH ALAM & ORS – Appellant
Versus
NOR AZURA AMZAH & ANOR & ANOTHER APPEAL – Respondent
[Civil Appeal No: B-01(NCVC)(W)-117-04/2016 & B-02(NCVC)(W)-866-05/2016]
The court established that contributory negligence is not a defense in assault cases, and excessive damages should be adjusted accordingly.
Headnote:The appeals arise from a High Court decision regarding a claim for assault and battery, negligence, and public misfeasance in the context of fatal gunshot wounds inflicted by police personnel. The plaintiffs, as administrators of the deceased, were awarded damages for general suffering, misfeasance, and bereavement. The court found no threat posed by the deceased at the time of the shooting, leading to a finding of negligence against the 1st defendant. Issues included liability and the appropriateness of damages awarded. The court reduced the general damages and denied aggravated damages based on lack of intent, concluding that the defendants’ appeals were partially allowed.
| Table of Content |
|---|
| 1. nature of the appeal and claims made. (Para 1 , 2 , 3) |
| 2. arguments presented by both parties. (Para 4) |
[1] The appeals herein emanate from the decision of the High Court at Shah Alam on a claim for assault and battery and alternatively negligence and public misfeasance, arising from fatal gunshot wounds inflicted upon Aminulrasyid Amzah (the deceased) by police personnel, including the 1st defendant, in an incident that occurred on 26 April 2010.
[2] The 1st and 2nd plaintiffs sued as the joint administratrix of the deceased under s 8 of the Civil Law Act 1956 ( CLA 1956) and the 2nd plaintiff, as a dependent of the deceased under s 7 of the 1956 for the death of the deceased. The 2nd to the 5th defendants were sued for being vicariously liable for the acts of the 1st defendant and other police personnel; the 2nd defendant was also sued for misfeasance in public office.
[3] The defendants deny liability for any injury and suffering of the deceased on the ground that the 1st defendant and other police personnel had acted reasonably and according to the correct procedure.
[4] After a full trial of the action, the learned judge allowed the plaintiffs claim and awarded the following heads of damages:
i. RM150,000.00 for General damages;
ii. RM150,000.00 for damages for misfeasance;
iii. RM150,000.00 for aggravated/exemplary damages;
iv. RM10,000.00 for bereavement;
v. RM4,800.00 for special damages; and
vi. RM50,000.00 costs.
