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The High Court found no appealable error in the magistrate's reasoning or application of law: the magistrate properly considered statutory provisions and sentencing principles (public interest, deterrence, mitigation, rehabilitation), relied on the akhlak report and recommendations, and lawfully imposed a community service order and attendant supervisory requirements under the Child Act 2001; consequently the appeal was dismissed and the magistrate's orders were upheld.

Citation
RA-41H-1-02/2024 (Mahkamah Tinggi)
Parties
Appellant (prosecution): Pendakwa Raya; Respondent (juvenile): Muhammad Shukri bin Hatib
Court
High Court
Jurisdiction
Malaysia
Judgment Date
13 December 2024
Case Number
RA-41H-1-02/2024 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal / High Court Appellate Decision on Sentence
Outcome
Appeal dismissed; magistrate's order upheld
Legal Topics
Section 376 B Penal Code, Community Service Order, Sentencing Principles, Appeal Against Sentence, Child Act 2001 Sections 91, 93, 97 a
Source Language
Malay/English
Criminal Law Juvenile Justice Child Protection Sexual Offences Sentencing Law Section 376 B Penal Code Community Service Order Sentencing Principles +2 more

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Parties

Pendakwa Raya

Appellant (prosecution)

Muhammad Shukri bin Hatib

Respondent (juvenile)

Procedural Posture

Criminal Appeal / High Court Appellate Decision on Sentence

Legal Issues

  1. 1 Whether the magistrate erred in law or fact in imposing a community service order instead of custody
  2. 2 Whether the sentence was manifestly inadequate or excessive
  3. 3 Whether the Child Act 2001 provisions were correctly applied to a juvenile offender

Ratio Decidendi

The High Court found no appealable error in the magistrate's reasoning or application of law: the magistrate properly considered statutory provisions and sentencing principles (public interest, deterrence, mitigation, rehabilitation), relied on the akhlak report and recommendations, and lawfully imposed a community service order and attendant supervisory requirements under the Child Act 2001; consequently the appeal was dismissed and the magistrate's orders were upheld.

Court Disposition

Appeal dismissed; magistrate's order upheld

Orders

  • Appeal dismissed and magistrate's orders affirmed
  • Respondent ordered to undergo Community Service Order of 120 aggregate hours within 6 months pursuant to Child Act 2001 s.91(1)(da) read with s.97A