PENDAKWARAYA Timbalan S.A.K (THE CHILD)

PENDAKWARAYA Timbalan S.A.K (THE CHILD)

The court ordered the child to be detained at Henry Gurney School until attaining age 21 because the offence (rape under s375(g)) is a serious offence punishable with ten years or more; the probation report and family circumstances indicated the child was unsuited for an approved school or mere binding over due to lack of demonstrated remorse and a family environment that condoned the relationship; both Advisers favoured Henry Gurney School and the statutory criteria in s75 were satisfied, justifying detention for rehabilitation and public protection.

Citation
BH-84-18-05/2021 (Mahkamah Majistret)
Parties
Prosecutor: Public Prosecutor; Accused (child): S.A.K; Victim: J.A.S
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
12 August 2021
Case Number
BH-84-18-05/2021 (Mahkamah Majistret)
Procedural Posture
Criminal Child (court for Children) / Sentencing/disposition (order Made)
Outcome
Child ordered to be sent to Henry Gurney School, Telok Mas, Melaka until he attains the age of 21 years; temporary detention at Beranang Police Station allowed pending transfer; parents/guardian to visit once a month.
Legal Topics
Rape (s375 Penal Code), Sentencing of Child Offenders, Henry Gurney School, Probation Report Vs Court Discretion, Public Interest and Deterrence
Source Language
Malay/English
Criminal Law Juvenile/child Law Evidence Rape (s375 Penal Code) Sentencing of Child Offenders Henry Gurney School Probation Report Vs Court Discretion Public Interest and Deterrence

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Parties

Public Prosecutor

Prosecutor

S.A.K

Accused (child)

J.A.S

Victim

Procedural Posture

Criminal Child (court for Children) / Sentencing/disposition (order Made)

Legal Issues

  1. 1 Whether the child should be sent to Henry Gurney School under s75 and s91 of the Child Act 2001
  2. 2 Whether the court may depart from the probation officer's recommendation to release on bond
  3. 3 Appropriate balancing of rehabilitation, deterrence and public interest in sentencing a child offender

Ratio Decidendi

The court ordered the child to be detained at Henry Gurney School until attaining age 21 because the offence (rape under s375(g)) is a serious offence punishable with ten years or more; the probation report and family circumstances indicated the child was unsuited for an approved school or mere binding over due to lack of demonstrated remorse and a family environment that condoned the relationship; both Advisers favoured Henry Gurney School and the statutory criteria in s75 were satisfied, justifying detention for rehabilitation and public protection.

Court Disposition

Child ordered to be sent to Henry Gurney School, Telok Mas, Melaka until he attains the age of 21 years; temporary detention at Beranang Police Station allowed pending transfer; parents/guardian to visit once a month.

Orders

  • Child S.A.K to be sent to Henry Gurney School, Telok Mas, Melaka until he attains age 21 years
  • If necessary, child to be temporarily detained at Beranang Police Station pending transfer to Henry Gurney School