1. ) NG YEONG JYE 2. ) NG JIA XIN 3. ) LIM SONG YIN

1. ) NG YEONG JYE 2. ) NG JIA XIN 3. ) LIM SONG YIN

Section 83(3) does not preclude conviction by a Magistrates' Court where the accused were children at the time of the offence but charged after majority; the court has discretion whether to apply child‑orders. Given the seriousness of the assault (head injury and displaced nasal fractures), the public interest and deterrence preclude non‑recording under s173A or child non‑conviction orders; balancing youth, first‑time status, guilty plea and delay, the appropriate punishment is a fine of RM1,200 per accused, failing which one month imprisonment.

Citation
JC-85-68-04/2025 (Mahkamah Majistret)
Parties
Prosecution: Public Prosecutor; Accused: Ng Yeong Jye; Accused: Ng Jia Xin; Accused: Lim Song Yin
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
18 April 2025
Case Number
JC-85-68-04/2025 (Mahkamah Majistret)
Procedural Posture
Criminal / Conviction and Sentencing
Outcome
Accused found guilty under Section 323 Penal Code read with Section 34 Penal Code and convicted; each accused sentenced to a fine with default imprisonment.
Legal Topics
Assault, Voluntarily Causing Hurt (section 323 Penal Code), Joint Liability (section 34 Penal Code), Child Act 2001 (section 83 and Section 91), Criminal Procedure Code Section 173 a, Mitigation for Guilty Plea and Sentencing Principles
Source Language
Malay/English
Criminal Law Child Law Sentencing Procedural Law Assault Voluntarily Causing Hurt (section 323 Penal Code) Joint Liability (section 34 Penal Code) Child Act 2001 (section 83 and Section 91) +2 more

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Parties

Public Prosecutor

Prosecution

Ng Yeong Jye

Accused

Ng Jia Xin

Accused

Lim Song Yin

Accused

Procedural Posture

Criminal / Conviction and Sentencing

Legal Issues

  1. 1 Whether Section 83(3) Child Act 2001 precludes conviction when offender was a child at time of offence but charged after reaching majority
  2. 2 Whether the court should record no conviction or impose child‑orders under Section 91(1) Child Act 2001 or exercise power under Section 173A Criminal Procedure Code
  3. 3 Appropriate sentence balancing youth, first‑time offender status, guilty plea, delay in charge and public interest

Ratio Decidendi

Section 83(3) does not preclude conviction by a Magistrates' Court where the accused were children at the time of the offence but charged after majority; the court has discretion whether to apply child‑orders. Given the seriousness of the assault (head injury and displaced nasal fractures), the public interest and deterrence preclude non‑recording under s173A or child non‑conviction orders; balancing youth, first‑time status, guilty plea and delay, the appropriate punishment is a fine of RM1,200 per accused, failing which one month imprisonment.

Court Disposition

Accused found guilty under Section 323 Penal Code read with Section 34 Penal Code and convicted; each accused sentenced to a fine with default imprisonment.

Orders

  • Each accused (Ng Yeong Jye; Ng Jia Xin; Lim Song Yin) is convicted under Section 323 Penal Code read with Section 34 Penal Code and ordered to pay a fine of RM1,200.00; in default of payment each shall undergo one (1) month imprisonment.