PENAMA XXXX

PENAMA XXXX

The court accepted the unqualified guilty plea under section 173, found the evidential exhibits and medical/paternity reports supported the offence under section 376(1) Kanun Keseksaan, and after weighing aggravating factors (victim age 14, birth of child) against mitigating factors (juvenile's age at offence, remorse, family support, probation/akhlak report and educational prospects) imposed a rehabilitative and proportionate order: 120 aggregate hours community service over 6 months under Child Act provisions with supervision, mandatory counselling, parental supervision obligation and RM3,000 compensation paid by the father.

Citation
RA-84-12-03/2024 (Mahkamah Majistret)
Parties
Prosecution: Pendakwa Raya; Defendant (juvenile): Pesalah Kanak-kanak; Victim: Adzwa Nur Syazdina binti Mohd Adzhar
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
23 April 2025
Case Number
RA-84-12-03/2024 (Mahkamah Majistret)
Procedural Posture
Criminal Rape Involving Juvenile / Sentencing (guilty Plea Accepted); Prosecution Indicated Dissatisfaction and Has Appealed the Order
Outcome
Defendant found guilty on plea; sentenced to 120 aggregate hours community service to be completed within 6 months under provisions of the Child Act with supervision and counselling; father ordered to ensure attendance; ordered to pay victim compensation of RM3,000 (paid).
Legal Topics
Rape, Sentencing, Community Service Order, Victim Compensation, Rehabilitation, Acceptance of Guilty Plea
Source Language
Malay/English
Criminal Law Juvenile Justice Sexual Offences Family/child Welfare Law Rape Sentencing Community Service Order Victim Compensation +2 more

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Parties

Pendakwa Raya

Prosecution

Pesalah Kanak-kanak

Defendant (juvenile)

Adzwa Nur Syazdina binti Mohd Adzhar

Victim

Procedural Posture

Criminal Rape Involving Juvenile / Sentencing (guilty Plea Accepted); Prosecution Indicated Dissatisfaction and Has Appealed the Order

Legal Issues

  1. 1 Whether an unreserved guilty plea under section 173 Kanun Tatacara Jenayah is properly accepted
  2. 2 Appropriate and proportionate sentence for a juvenile convicted of rape of a minor
  3. 3 Balancing public interest/deterrence and rehabilitative needs of a juvenile offender

Ratio Decidendi

The court accepted the unqualified guilty plea under section 173, found the evidential exhibits and medical/paternity reports supported the offence under section 376(1) Kanun Keseksaan, and after weighing aggravating factors (victim age 14, birth of child) against mitigating factors (juvenile's age at offence, remorse, family support, probation/akhlak report and educational prospects) imposed a rehabilitative and proportionate order: 120 aggregate hours community service over 6 months under Child Act provisions with supervision, mandatory counselling, parental supervision obligation and RM3,000 compensation paid by the father.

Court Disposition

Defendant found guilty on plea; sentenced to 120 aggregate hours community service to be completed within 6 months under provisions of the Child Act with supervision and counselling; father ordered to ensure attendance; ordered to pay victim compensation of RM3,000 (paid).

Orders

  • Pesalah Kanak-kanak ordered to undergo 120 aggregate hours of community service within 6 months under section 91(1)(da) read with section 97A(2) of the Child Act 2001
  • Pesalah Kanak-kanak to be under supervision of the Pegawai Akhlak Kebajikan Masyarakat Negeri Perlis