Private defense (the hardest one)

Question 1

What does Section 96 of the Penal Code provide regarding private defense?

Answer 1

Section 96 states that nothing is an offense if it is done in the exercise of the right of private defense.

Question 2

Under Section 97, what can private defense be exercised to protect?

Answer 2

(a) One’s own body and the body of another person against offenses affecting the body.

(b) Property (one’s own or another’s) from theft, robbery, mischief, criminal trespass, or attempts to commit such offenses.

Question 3

What limitations on the right of private defense are laid out in Section 99?

Answer 3

1. No right exists against acts of public servants acting in good faith under color of office unless the accused didn’t know they were public servants.
2. No right exists against the direction of public servants if the accused doesn’t know the direction was lawful.
3. The accused cannot claim private defense if they had time to seek protection from public authorities.
4. The harm inflicted in defense must not be more than necessary to prevent the offense.

Question 4

When does the right to private defense commence and end according to Section 102?

Answer 4

It commences as soon as there is a reasonable apprehension of danger and continues as long as the apprehension exists.

It also includes threat or attempt to commit the offence though it hasn’t been committed yet

Question 5

What did PP v Dato’ Balwant Singh [2003] establish about the commencement of private defense?

Answer 5

The right begins with the reasonable apprehension of danger to one’s body or life and lasts as long as the apprehension exists.

Question 6

What are the consequences of inflicting more harm than necessary in private defense?

Answer 6

Under Section 99(4), the right to private defense is invalidated if excessive harm is inflicted.

Question 7

What circumstances allow the accused to cause death in private defense of the body under Section 100?

Answer 7

The accused may cause death if the assailant’s acts fall under Section 100(a-f), such as:

1. Assault causing apprehension of death or grievous hurt.
2. Assault with the intention of committing rape, kidnapping, or wrongful confinement.

Question 8

What does Section 103 permit in private defense of property?

Answer 8

The right to cause death exists when defending property from specific offenses (e.g., robbery, housebreaking at night, mischief by fire in a dwelling house).

Question 9

How does Section 104 differ from Sections 100 and 103?

Answer 9

Under Sections 104 and 101, if the circumstances do not warrant death, the accused can only cause harm to the assailant, not death.

Question 10

When does the right to private defense of property commence and end according to Section 105?

Answer 10

Commences: When there is reasonable apprehension of danger to property.

Ends: When the assailant departs with the property, assistance arrives, or the property is recovered.

Question 11

What principle did Ya bin Daud [1997] establish about the duration of private defense?

Answer 11

The right continues as long as there is reasonable apprehension of danger, and the accused may pursue the assailant until the threat is neutralized.

Question 12

How did Wong Teck Choy [2005] emphasize proportionality in private defense?

Answer 12

The court held that the exercise of private defense must not exceed what is reasonably necessary to avert the attack.

Question 13

Under what conditions does the right to private defense exist against a public servant?

Answer 13

Per Section 99(1) and Explanation 1, the right exists if the accused didn’t know the person was a public servant or wasn’t acting in good faith.