PENAMA XXXX

PENAMA XXXX

The court accepted the unqualified guilty plea, found the facts established the offence under s14(b) Akta 792, and held that in balancing public interest, deterrence and the severity of the offence against the offender’s youth, remorse, learning disability, family support and social welfare recommendations, a...

Source-derived case information.

Citation
RA-84-42-09/2024 (Mahkamah Majistret)
Parties
Prosecution: PENDAKWA RAYA; Child Defendant: PESALAH KANAK-KANAK
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
5 February 2025
Case Number
RA-84-42-09/2024 (Mahkamah Majistret)
Procedural Posture
Criminal Sexual Offence Against a Child / Conviction and Sentencing (post Guilty Plea)
Outcome
Accused found guilty on plea; sentenced to non-custodial rehabilitative orders
Legal Topics
Sexual Offences Against Children, Guilty Plea, Sentencing, Probation/good Behaviour Bond, Juvenile Rehabilitation
Criminal Law Child Protection Sexual Offences Sexual Offences Against Children Guilty Plea Sentencing Probation/good Behaviour Bond Juvenile Rehabilitation

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Parties

PENDAKWA RAYA

Prosecution

PESALAH KANAK-KANAK

Child Defendant

Procedural Posture

Criminal Sexual Offence Against a Child / Conviction and Sentencing (post Guilty Plea)

Legal Issues

  1. 1 Whether the guilty plea was properly entered and accepted
  2. 2 Appropriate, proportionate sentence for offence under s14(b) Akta 792 involving a child victim
  3. 3 Balancing public interest and deterrence against rehabilitation and best interests of the child

Ratio Decidendi

The court accepted the unqualified guilty plea, found the facts established the offence under s14(b) Akta 792, and held that in balancing public interest, deterrence and the severity of the offence against the offender’s youth, remorse, learning disability, family support and social welfare recommendations, a rehabilitative non-custodial order (two-year good behaviour bond with surety and supervision) was the proportionate and appropriate sentence.

Court Disposition

Accused found guilty on plea; sentenced to non-custodial rehabilitative orders

Orders

  • Accused ordered to serve a Good Behaviour Bond under section 91(1)(b) Akta Kanak-Kanak for a period of 2 years commencing from date of order with a surety of RM2000 and one guarantor
  • Accused ordered to report to the nearest police station on the 1st day of every month during the bond period accompanied by his father pursuant to section 93(1)(a) Akta Kanak-Kanak