PENAMA XXXX

PENAMA XXXX

Court accepted the unconditional guilty plea, found the facts and exhibits proved the offence under s14(b) Akta 792, and imposed a two-year Good Behaviour Bond under s91(1)(b) Akta Kanak-kanak with RM1000 surety plus mandatory JKM reporting and attendance at JKM workshops under s93(1)(a) and s93(1)(b), balancing public interest and deterrence with the offender's age, first-offence status, learning disability and strong family support to prioritise rehabilitation over institutionalisation.

Citation
RA-84-40-09/2024 (Mahkamah Majistret)
Parties
Prosecution: PENDAKWA RAYA; Accused (child): PESALAH KANAK-KANAK
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
6 November 2024
Case Number
RA-84-40-09/2024 (Mahkamah Majistret)
Procedural Posture
Criminal Sexual Offence Against Child / Conviction and Sentencing
Outcome
Guilty on plea; convicted and sentenced
Legal Topics
Sexual Offences Against Children, Good Behaviour Bond, Rehabilitation and Intervention, Mitigation and Aggravation
Source Language
Malay/English
Criminal Law Child Welfare Sexual Offences Sentencing Sexual Offences Against Children Good Behaviour Bond Rehabilitation and Intervention Mitigation and Aggravation

Case Brief

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Parties

PENDAKWA RAYA

Prosecution

PESALAH KANAK-KANAK

Accused (child)

Procedural Posture

Criminal Sexual Offence Against Child / Conviction and Sentencing

Legal Issues

  1. 1 Whether to accept unconditional guilty plea and enter conviction
  2. 2 Appropriate sentence for offence under s14(b) Akta Kesalahan-kesalahan Seksual Terhadap Kanak-kanak 2017 (Akta 792)
  3. 3 Balancing public interest and deterrence against rehabilitation and best interests of the child

Ratio Decidendi

Court accepted the unconditional guilty plea, found the facts and exhibits proved the offence under s14(b) Akta 792, and imposed a two-year Good Behaviour Bond under s91(1)(b) Akta Kanak-kanak with RM1000 surety plus mandatory JKM reporting and attendance at JKM workshops under s93(1)(a) and s93(1)(b), balancing public interest and deterrence with the offender's age, first-offence status, learning disability and strong family support to prioritise rehabilitation over institutionalisation.

Court Disposition

Guilty on plea; convicted and sentenced

Orders

  • Conviction entered on unconditional plea.
  • Pesalah Kanak-kanak ordered to undergo a Good Behaviour Bond under section 91(1)(b) Akta Kanak-kanak for 2 years from date of order with surety RM1000 and one guarantor.