PENAMA XXXX

PENAMA XXXX

The court accepted the unqualified guilty plea as properly taken and proved the offence under section 109 Penal Code read with section 14(b) Sexual Offences Against Children Act 2017. Balancing public interest, deterrence and the child's rehabilitation and considering welfare reports, age, remorse, OKU status and family support, the court imposed a non-custodial order: 60 aggregate hours of community service under section 91(1)(da) Child Act to be completed within six months and ordered the father to ensure attendance under section 93(1)(e). A sole good behaviour bond was insufficient given the gravity and multiplicity of the acts; institutionalisation was unnecessary and disproportionate.

Citation
RA-84-43-09/2024 (Mahkamah Majistret)
Parties
Prosecutor: Pendaakwa Raya; Defendant (child): Pesalah Kanak-kanak
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
5 February 2025
Case Number
RA-84-43-09/2024 (Mahkamah Majistret)
Procedural Posture
Criminal Juvenile Sexual Offence / Sentencing / Judgment on Plea
Outcome
Convicted after unqualified guilty plea; non-custodial sentence imposed
Legal Topics
Sexual Assault, Abetment / Conspiracy (section 109), Sexual Offences Against Children Act 2017 (s14(b)), Sentencing Principles, Community Service Order, Good Behaviour Bond
Source Language
Malay/English
Criminal Law Sexual Offences Child Protection Juvenile Justice Sexual Assault Abetment / Conspiracy (section 109) Sexual Offences Against Children Act 2017 (s14(b)) Sentencing Principles +2 more

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Parties

Pendaakwa Raya

Prosecutor

Pesalah Kanak-kanak

Defendant (child)

Procedural Posture

Criminal Juvenile Sexual Offence / Sentencing / Judgment on Plea

Legal Issues

  1. 1 Whether the unqualified guilty plea was properly taken and accepted
  2. 2 Appropriate and proportionate sentence balancing public interest/deterrence and rehabilitation of a child offender
  3. 3 Whether community service or a good behaviour bond (or custodial/institutional order) best serves the child's best interests and public protection

Ratio Decidendi

The court accepted the unqualified guilty plea as properly taken and proved the offence under section 109 Penal Code read with section 14(b) Sexual Offences Against Children Act 2017. Balancing public interest, deterrence and the child's rehabilitation and considering welfare reports, age, remorse, OKU status and family support, the court imposed a non-custodial order: 60 aggregate hours of community service under section 91(1)(da) Child Act to be completed within six months and ordered the father to ensure attendance under section 93(1)(e). A sole good behaviour bond was insufficient given the gravity and multiplicity of the acts; institutionalisation was unnecessary and disproportionate.

Court Disposition

Convicted after unqualified guilty plea; non-custodial sentence imposed

Orders

  • Convicted under section 109 Kanun Keseksaan read with section 14(b) Akta Kesalahan-kesalahan Seksual Terhadap Kanak-kanak 2017
  • Pesalah Kanak-kanak ordered to undergo Community Service Order under section 91(1)(da) Akta Kanak-kanak for 60 aggregate hours to be completed within 6 months from date of order