[Timbalan (TPR), Jabatan Peguam Negara] PENAMA XXXX

[Timbalan (TPR), Jabatan Peguam Negara] PENAMA XXXX

Although the guilty plea is a mitigating factor, the court must balance rehabilitation needs of the juvenile against public interest and aggravating factors including prevalence of drug offences and prior offending; on this balance the appropriate order is placement at Sekolah Tunas Bakti for three years with a good behaviour bond of RM1000 to ensure rehabilitation and public protection.

Citation
CB-84-3-01/2022 (Mahkamah Majistret)
Parties
Prosecutor: Pendakwa Raya; Accused: Mei (kanak-kanak)
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
12 July 2022
Case Number
CB-84-3-01/2022 (Mahkamah Majistret)
Procedural Posture
Criminal Juvenile (drug Offence) / Sentencing / Reasons for Judgment
Outcome
Accused found guilty; custodial rehabilitation order made rather than a simple bond or fine
Legal Topics
Section 15(1)(a) Dangerous Drugs Act 1952, Section 38 B Dangerous Drugs Act 1952, Section 90 Section 91(1) Section 93(1) Children Act 2001, Rehabilitation Orders for Juveniles, Good Behaviour Bond, Mitigation and Aggravation
Source Language
Malay/English
Criminal Law Juvenile Justice Narcotics Law Sentencing Section 15(1)(a) Dangerous Drugs Act 1952 Section 38 B Dangerous Drugs Act 1952 Section 90 Section 91(1) Section 93(1) Children Act 2001 Rehabilitation Orders for Juveniles +2 more

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Parties

Pendakwa Raya

Prosecutor

Mei (kanak-kanak)

Accused

Procedural Posture

Criminal Juvenile (drug Offence) / Sentencing / Reasons for Judgment

Legal Issues

  1. 1 Whether the guilty plea and mitigation justify a lighter order for a juvenile drug offender
  2. 2 Appropriate balance between rehabilitation of a child and protection of public interest
  3. 3 Suitability of placement at Sekolah Tunas Bakti for rehabilitation

Ratio Decidendi

Although the guilty plea is a mitigating factor, the court must balance rehabilitation needs of the juvenile against public interest and aggravating factors including prevalence of drug offences and prior offending; on this balance the appropriate order is placement at Sekolah Tunas Bakti for three years with a good behaviour bond of RM1000 to ensure rehabilitation and public protection.

Court Disposition

Accused found guilty; custodial rehabilitation order made rather than a simple bond or fine

Orders

  • Place Mei at Sekolah Tunas Bakti (L) Jerantut, Pahang for rehabilitation for a period of 3 years under section 91(1)(f) Children Act 2001
  • Parents/guardian to execute a good behaviour bond for the child under section 93(1) Children Act 2001 in the sum of RM1000 with surety and to visit the child monthly while placed in the institution