PENAMA MUHAMMAD ADAM DANIAL BIN MOHD ZULKIFLI

PENAMA MUHAMMAD ADAM DANIAL BIN MOHD ZULKIFLI

Court accepted that accused, a juvenile and first offender who pleaded guilty, understood the charge; having considered JKM report, statutory provisions (ss.75, 91, 93 Akta Kanak-Kanak 2001), the seriousness of the offence and sentencing objectives, the proper disposition was rehabilitative custody at Sekolah Henry Gurney for three years or until age 21 with bond and visitation conditions rather than immediate imprisonment.

Citation
BH-84-6-03/2025 (Mahkamah Majistret)
Parties
Prosecutor: Pendakwa Raya; Accused: MADBMZ (Kanak-Kanak)
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
22 May 2025
Case Number
BH-84-6-03/2025 (Mahkamah Majistret)
Procedural Posture
Criminal Juvenile (children's Court) / Sentencing / Disposition (appeal Filed)
Outcome
Accused ordered to be sent to Sekolah Henry Gurney for 3 years or until age 21; parental bond and visitation conditions ordered; bail money returned; accused filed notice of appeal against the order.
Legal Topics
Rape, Sentencing, Rehabilitation, Guilty Plea Mitigation, DNA Evidence
Source Language
Malay/English
Criminal Law Child Law Juvenile Justice Evidence Rape Sentencing Rehabilitation Guilty Plea Mitigation +1 more

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Parties

Pendakwa Raya

Prosecutor

MADBMZ (Kanak-Kanak)

Accused

Procedural Posture

Criminal Juvenile (children's Court) / Sentencing / Disposition (appeal Filed)

Legal Issues

  1. 1 Whether sending the child to Sekolah Henry Gurney was lawful and appropriate
  2. 2 Whether a custodial sentence could be avoided for a child convicted of rape
  3. 3 Extent to which guilty plea and first offender status mitigate sentence

Ratio Decidendi

Court accepted that accused, a juvenile and first offender who pleaded guilty, understood the charge; having considered JKM report, statutory provisions (ss.75, 91, 93 Akta Kanak-Kanak 2001), the seriousness of the offence and sentencing objectives, the proper disposition was rehabilitative custody at Sekolah Henry Gurney for three years or until age 21 with bond and visitation conditions rather than immediate imprisonment.

Court Disposition

Accused ordered to be sent to Sekolah Henry Gurney for 3 years or until age 21; parental bond and visitation conditions ordered; bail money returned; accused filed notice of appeal against the order.

Orders

  • Accused to be detained at Sekolah Henry Gurney for 3 years or until the child attains 21 years of age
  • Parent/guardian to execute a bond for good behaviour pursuant to Section 93(1) Akta Kanak-Kanak 2001 with visitation rights as determined by the Court