PENAMA XXXX

PENAMA XXXX

Court accepted the unconditional guilty plea and, applying principles of public interest, deterrence and the Child Act 2001’s emphasis on rehabilitation, imposed non-custodial but punitive and supervisory measures deemed proportionate: a fine, mandatory reporting to JKM with parental accompaniment, compulsory attendance at rehabilitation workshops and payment of compensation to the victim, with parental liability under section 94 for payments.

Citation
RA-84-4-01/2022 (Mahkamah Majistret)
Parties
Prosecutor: Pendakwa Raya; Defendant (child): Pesalah Kanak-kanak; Victim: Aishah binti Basri
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
23 October 2024
Case Number
RA-84-4-01/2022 (Mahkamah Majistret)
Procedural Posture
Criminal Sexual Offence (rape) / Sentencing / Judgment
Outcome
Child offender convicted after unconditional guilty plea under section 376(1) Kanun Keseksaan and sentenced with non-custodial penal and rehabilitative orders under the Child Act 2001.
Legal Topics
Rape, Sentencing, Mitigation and Aggravation, Compensation to Victim, Rehabilitation and Social Services
Source Language
Malay/English
Criminal Law Sexual Offences Juvenile Law Child Protection Law Rape Sentencing Mitigation and Aggravation Compensation to Victim +1 more

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Parties

Pendakwa Raya

Prosecutor

Pesalah Kanak-kanak

Defendant (child)

Aishah binti Basri

Victim

Procedural Posture

Criminal Sexual Offence (rape) / Sentencing / Judgment

Legal Issues

  1. 1 Validity and acceptance of unconditional guilty plea by a juvenile under section 173 Kanun Tatacara Jenayah
  2. 2 Appropriate sentencing options for a child offender under the Child Act 2001 (balancing punishment, deterrence and rehabilitation)
  3. 3 Applicability of section 376(1) Kanun Keseksaan for sexual intercourse with a minor

Ratio Decidendi

Court accepted the unconditional guilty plea and, applying principles of public interest, deterrence and the Child Act 2001’s emphasis on rehabilitation, imposed non-custodial but punitive and supervisory measures deemed proportionate: a fine, mandatory reporting to JKM with parental accompaniment, compulsory attendance at rehabilitation workshops and payment of compensation to the victim, with parental liability under section 94 for payments.

Court Disposition

Child offender convicted after unconditional guilty plea under section 376(1) Kanun Keseksaan and sentenced with non-custodial penal and rehabilitative orders under the Child Act 2001.

Orders

  • Convicted under section 376(1) Kanun Keseksaan.
  • Fine of RM10000 under section 91(1)(d) Child Act 2001; fine paid by mother subject to section 94 Child Act 2001.