PENAMA MUHAMMAD ANWAR AZRI BIN KAMAROL ZAMAN

PENAMA MUHAMMAD ANWAR AZRI BIN KAMAROL ZAMAN

Offender was a child at time of the offence and a first offender; Child Act 2001 requires custody as last resort and permits welfare‑driven non‑custodial orders; balancing public interest and rehabilitative needs, the proper and proportionate order is a bond of good behaviour with conditions rather than detention or Henry Gurney; therefore bond for 2 years with RM1500 and guardian bond for 1 year with RM1500 is appropriate and lawful.

Citation
NA-84-25-04/2022 (Mahkamah Majistret)
Parties
Prosecutor: Pendakwa Raya; Child Defendant: Muhammad Anwar Azri bin Kamarul Zaman
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
7 December 2022
Case Number
NA-84-25-04/2022 (Mahkamah Majistret)
Procedural Posture
Criminal (child) / Appeal by Prosecution Against Sentencing Order
Outcome
Prosecution appeal dismissed; original non-custodial orders upheld
Legal Topics
Rape (s.376(1) Penal Code), Juvenile Rehabilitation, Probation/bond of Good Behaviour, Henry Gurney School, Sentencing Principles, Probation Report
Source Language
Malay/English
Criminal Law Child Law Sentencing Law Rape (s.376(1) Penal Code) Juvenile Rehabilitation Probation/bond of Good Behaviour Henry Gurney School Sentencing Principles +1 more

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Parties

Pendakwa Raya

Prosecutor

Muhammad Anwar Azri bin Kamarul Zaman

Child Defendant

Procedural Posture

Criminal (child) / Appeal by Prosecution Against Sentencing Order

Legal Issues

  1. 1 Whether custodial detention or sending to Henry Gurney was required or whether non-custodial orders under Child Act 2001 were appropriate
  2. 2 Whether offender was a child at time of offence and implications under Child Act 2001
  3. 3 Weight and effect of probation/akhlak report and whether its recommendation is binding

Ratio Decidendi

Offender was a child at time of the offence and a first offender; Child Act 2001 requires custody as last resort and permits welfare‑driven non‑custodial orders; balancing public interest and rehabilitative needs, the proper and proportionate order is a bond of good behaviour with conditions rather than detention or Henry Gurney; therefore bond for 2 years with RM1500 and guardian bond for 1 year with RM1500 is appropriate and lawful.

Court Disposition

Prosecution appeal dismissed; original non-custodial orders upheld

Orders

  • Child ordered to enter bond of good behaviour for 2 years with one surety and security RM1500 pursuant to Section 91(1)(b) Child Act 2001
  • Conditions: report monthly to nearest police station during bond period