PENAMA XXXX

PENAMA XXXX

The court found that procedures under s90 Child Act 2001 were complied with, accepted the guilty plea, and decided that rehabilitative placement in Sekolah Tunas Bakti Taiping for three years (with one year supervision under s70 and parental visits at least once every two months under s93(1)(d)) was the proportionate and lawful order given PKK's age (17), first offence status, guilty plea, inconsistencies in the Probation Report and advisers' recommendations that Henry Gurney would be unduly harsh.

Citation
AA-84-51-10/2024 (Mahkamah Majistret)
Parties
Prosecutor: Pendakwa Raya; Child Offender/defendant: Chong Waijun
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
12 February 2025
Case Number
AA-84-51-10/2024 (Mahkamah Majistret)
Procedural Posture
Criminal Child Offender (dangerous Drugs) / Fact and Order / Sentencing (conviction Recorded)
Outcome
PKK convicted under s12(3) Dangerous Drugs Act 1952 (following plea to amended charge) and committed to Sekolah Tunas Bakti Taiping.
Legal Topics
Sentencing, Rehabilitation, Child Act 2001 Compliance, Probation Report, Placement in Approved Institutions, Plea and Admissions
Source Language
Malay/English
Criminal Law Juvenile Justice Drug Offences Sentencing Rehabilitation Child Act 2001 Compliance Probation Report Placement in Approved Institutions +1 more

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Parties

Pendakwa Raya

Prosecutor

Chong Waijun

Child Offender/defendant

Procedural Posture

Criminal Child Offender (dangerous Drugs) / Fact and Order / Sentencing (conviction Recorded)

Legal Issues

  1. 1 Whether procedures under s90 Child Act 2001 were complied with before accepting plea
  2. 2 Appropriate dispositional order for a 17-year-old first-time offender under Child Act 2001
  3. 3 Weight to be given to the Probation Report and its inconsistencies

Ratio Decidendi

The court found that procedures under s90 Child Act 2001 were complied with, accepted the guilty plea, and decided that rehabilitative placement in Sekolah Tunas Bakti Taiping for three years (with one year supervision under s70 and parental visits at least once every two months under s93(1)(d)) was the proportionate and lawful order given PKK's age (17), first offence status, guilty plea, inconsistencies in the Probation Report and advisers' recommendations that Henry Gurney would be unduly harsh.

Court Disposition

PKK convicted under s12(3) Dangerous Drugs Act 1952 (following plea to amended charge) and committed to Sekolah Tunas Bakti Taiping.

Orders

  • Commit PKK to Sekolah Tunas Bakti Taiping for a period of 3 years.
  • Upon completion of detention, place PKK under supervision of a Welfare Officer for 1 year pursuant to s70 Child Act 2001.