PENAMA MUHAMMAD SUFIAN RAMADHAN BIN MOHD DARUS

PENAMA MUHAMMAD SUFIAN RAMADHAN BIN MOHD DARUS

Court convicted the juvenile of rape but imposed a community service order of 120 aggregate hours within six months under Section 91(1)(da) Children Act 2001 because the facts and evidence indicated immaturity and mitigating circumstances, the welfare officer recommended non‑custodial treatment, the offence was not assessed at the highest level of sexual violence, and statutory mechanisms exist to enforce compliance; therefore community service was appropriate rather than imprisonment.

Citation
DI-84-9-05/2025 (Mahkamah Majistret)
Parties
Prosecution: Pendakwa Raya; Accused (juvenile): Muhammad Sufian Ramadhan bin Mohd Darus; Victim (juvenile): Nur Sofea Umairah binti Mohd Mazlan
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
24 September 2025
Case Number
DI-84-9-05/2025 (Mahkamah Majistret)
Procedural Posture
Criminal Juvenile Sexual Offence / Conviction and Sentencing in Juvenile Court; Appeal by Public Prosecutor Filed
Outcome
Accused convicted; community service order imposed; prosecution appealed sentence.
Legal Topics
Rape, Sentencing, Community Service Order, Delay in Reporting, Welfare Officer Recommendation
Source Language
Malay/English
Criminal Law Juvenile/children Law Sexual Offences Rape Sentencing Community Service Order Delay in Reporting Welfare Officer Recommendation

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Parties

Pendakwa Raya

Prosecution

Muhammad Sufian Ramadhan bin Mohd Darus

Accused (juvenile)

Nur Sofea Umairah binti Mohd Mazlan

Victim (juvenile)

Procedural Posture

Criminal Juvenile Sexual Offence / Conviction and Sentencing in Juvenile Court; Appeal by Public Prosecutor Filed

Legal Issues

  1. 1 Whether a community service order under Section 91(1)(da) of the Children Act 2001 is appropriate for a juvenile convicted of rape
  2. 2 Appropriate quantum and nature of sentence for an offence under Section 376(1) Penal Code committed by a juvenile
  3. 3 Whether mitigating factors (age, immaturity, welfare recommendations, delay in reporting) outweigh the gravity of the offence

Ratio Decidendi

Court convicted the juvenile of rape but imposed a community service order of 120 aggregate hours within six months under Section 91(1)(da) Children Act 2001 because the facts and evidence indicated immaturity and mitigating circumstances, the welfare officer recommended non‑custodial treatment, the offence was not assessed at the highest level of sexual violence, and statutory mechanisms exist to enforce compliance; therefore community service was appropriate rather than imprisonment.

Court Disposition

Accused convicted; community service order imposed; prosecution appealed sentence.

Orders

  • Convicted of rape under Section 376(1) Penal Code (as charged).
  • Ordered to perform 120 aggregate hours of community service within six months under Section 91(1)(da) Children Act 2001.