[Timbalan (TPR), Jabatan Peguam Negara] 1. ) TAN DEK KAI 2. ) TAN KIM HAO

[Timbalan (TPR), Jabatan Peguam Negara] 1. ) TAN DEK KAI 2. ) TAN KIM HAO

Because the accused committed a repeat offence of the same nature during the period of a prior good‑behaviour bond, showed no remorse, was influenced by criminal associates, and community rehabilitation and fines had proven insufficient, the court ordered a reformative, deterrent sentence by sending him to Henry Gurney School until age 21 pursuant to Section 76 Child Act 2001 to protect public interest and promote rehabilitation.

Citation
CF-83-392-08/2022 (Mahkamah Majistret)
Parties
Prosecution: Public Prosecutor; Accused (youthful Offender): Tan Kim Hao (NRIC: 040721-01-0935)
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
2 December 2022
Case Number
CF-83-392-08/2022 (Mahkamah Majistret)
Procedural Posture
Criminal (juvenile) Offence Under Moneylenders Act 1951 / Conviction and Sentencing (sentenced)
Outcome
Accused convicted as charged and sentenced to be sent to Henry Gurney School until attaining the age of 21 pursuant to Section 76 Child Act 2001.
Legal Topics
Sentencing, Rehabilitation, Deterrence, Youthful Offender, Unlicensed Moneylending
Source Language
Malay/English
Criminal Law Child Law Regulatory/financial Law Sentencing Rehabilitation Deterrence Youthful Offender Unlicensed Moneylending

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Parties

Public Prosecutor

Prosecution

Tan Kim Hao (NRIC: 040721-01-0935)

Accused (youthful Offender)

Procedural Posture

Criminal (juvenile) Offence Under Moneylenders Act 1951 / Conviction and Sentencing (sentenced)

Legal Issues

  1. 1 Whether to order detention at Henry Gurney School under Section 76 Child Act 2001
  2. 2 Appropriate sentence given prior similar offences and breach of bond
  3. 3 Balancing public interest and rehabilitation for a youthful offender

Ratio Decidendi

Because the accused committed a repeat offence of the same nature during the period of a prior good‑behaviour bond, showed no remorse, was influenced by criminal associates, and community rehabilitation and fines had proven insufficient, the court ordered a reformative, deterrent sentence by sending him to Henry Gurney School until age 21 pursuant to Section 76 Child Act 2001 to protect public interest and promote rehabilitation.

Court Disposition

Accused convicted as charged and sentenced to be sent to Henry Gurney School until attaining the age of 21 pursuant to Section 76 Child Act 2001.

Orders

  • Convicted of offence under Section 29AA(1) Moneylenders Act 1951 read with Section 34 Penal Code.
  • Ordered to be sent to Henry Gurney School until attaining age 21 pursuant to Section 76 Child Act 2001.