[ ] PENAMA XXXX

[ ] PENAMA XXXX

Given the probation report recommending rehabilitative measures, the defendant’s status as a first-time child offender, an early guilty plea and ongoing education, custodial orders were inappropriate; the court therefore imposed a non-custodial bond under s91(1)(b) Child Act 2001 with conditions under s93(1)(b) (RM2000 for 2 years and attendance of parents/guardian with the child at JKM interactive workshop).

Citation
DA-84-72-07/2021 (Mahkamah Majistret)
Parties
Prosecutor: Pendakwa Raya; Defendant (child Offender): Ahmad Izzat Izzuddin bin Ahmad Esmator
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
22 February 2022
Case Number
DA-84-72-07/2021 (Mahkamah Majistret)
Procedural Posture
Criminal Child Offender (sexual Offence) / Sentencing/disposition
Outcome
Defendant found guilty (as per amended charge); non-custodial rehabilitative order imposed
Legal Topics
Sentencing, Probation Report, Probation/bond, Rehabilitation
Source Language
Malay/English
Criminal Law Child Law Sexual Offences Sentencing Probation Report Probation/bond Rehabilitation

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Parties

Pendakwa Raya

Prosecutor

Ahmad Izzat Izzuddin bin Ahmad Esmator

Defendant (child Offender)

Procedural Posture

Criminal Child Offender (sexual Offence) / Sentencing/disposition

Legal Issues

  1. 1 Appropriate sentence for a child offender under the Child Act 2001 and Sexual Offences Against Children Act 2017
  2. 2 Weight and role of the probation/akhlak report in sentencing a child
  3. 3 Whether custodial or non-custodial (rehabilitative) order is appropriate for a first-time child offender

Ratio Decidendi

Given the probation report recommending rehabilitative measures, the defendant’s status as a first-time child offender, an early guilty plea and ongoing education, custodial orders were inappropriate; the court therefore imposed a non-custodial bond under s91(1)(b) Child Act 2001 with conditions under s93(1)(b) (RM2000 for 2 years and attendance of parents/guardian with the child at JKM interactive workshop).

Court Disposition

Defendant found guilty (as per amended charge); non-custodial rehabilitative order imposed

Orders

  • Defendant found guilty of the offence as charged under Section 14(a) Sexual Offences Against Children Act 2017.
  • Release under Child Act 2001 s91(1)(b) on a good behaviour bond with a surety of RM2000 for a period of 2 years.