PENAMA XXXX

PENAMA XXXX

Where an adequate rehabilitative order already exists in a related proceeding (placement at Sekolah Tunas Bakti with counselling), a court may lawfully release a juvenile with a warning under s.91(1)(a) without imposing a guardian's good behaviour bond under s.93(1); s.93(1) is not invariably mandatory and must be read harmoniously with s.91(1)(a) in light of the Act's purposive objectives and the best interests of the child.

Citation
DC-84-13-04/2025 (Mahkamah Majistret)
Parties
Pendakwa Raya (prosecution): PENDAKWA RAYA; Pesalah Kanak Kanak (defendant): MABM
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
27 May 2025
Case Number
DC-84-13-04/2025 (Mahkamah Majistret)
Procedural Posture
Criminal Child Sexual Offences (recording and Sexual Intercourse) / Sentencing (prosecution Appealed the Order for One Case)
Outcome
Kes 13: PKK released with warning under s.91(1)(a) Akta Kanak-Kanak 2001; no good behaviour bond ordered under s.93(1). Kes 12: PKK placed at Sekolah Tunas Bakti for three years with periodic visits and counselling.
Legal Topics
Sexual Offences Against Children, Sentencing of Juveniles, Interpretation of 'shall' in S.93(1), Best Interests of the Child
Source Language
Malay/English
Criminal Law Child Protection Law Statutory Interpretation Sexual Offences Against Children Sentencing of Juveniles Interpretation of 'shall' in S.93(1) Best Interests of the Child

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Parties

PENDAKWA RAYA

Pendakwa Raya (prosecution)

MABM

Pesalah Kanak Kanak (defendant)

Procedural Posture

Criminal Child Sexual Offences (recording and Sexual Intercourse) / Sentencing (prosecution Appealed the Order for One Case)

Legal Issues

  1. 1 Whether release with warning under s.91(1)(a) of the Child Act 2001 is appropriate for a juvenile convicted of recording child pornography where complementary intervention exists in a related case
  2. 2 Whether s.93(1) of the Child Act 2001 imposes a mandatory obligation to require a guardian to enter a good behaviour bond when the court releases a child under s.91(1)(a)
  3. 3 How to reconcile public interest in protection and punishment with the rehabilitative focus for juveniles

Ratio Decidendi

Where an adequate rehabilitative order already exists in a related proceeding (placement at Sekolah Tunas Bakti with counselling), a court may lawfully release a juvenile with a warning under s.91(1)(a) without imposing a guardian's good behaviour bond under s.93(1); s.93(1) is not invariably mandatory and must be read harmoniously with s.91(1)(a) in light of the Act's purposive objectives and the best interests of the child.

Court Disposition

Kes 13: PKK released with warning under s.91(1)(a) Akta Kanak-Kanak 2001; no good behaviour bond ordered under s.93(1). Kes 12: PKK placed at Sekolah Tunas Bakti for three years with periodic visits and counselling.

Orders

  • Kes 12: Place PKK at Sekolah Tunas Bakti for three years; sister permitted visitation every three months; PKK to undergo counselling throughout the period.
  • Kes 13: PKK released with a warning under s.91(1)(a) Akta Kanak-Kanak 2001; no bond under s.93(1) imposed.