Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Application of child act 2001

  • 12 May 2022

    PENAMA XXXX

    Citation
    MA-84-11-03/2022 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    MA-84-11-03/2022 (Mahkamah Majistret)

    The court held that, applying the Child Act 2001 and sentencing principles for juveniles, the imposed non-custodial orders (120 hours community service within 6 months, guardian to provide RM1000 good behaviour bond for two years, monthly police reporting for one year, nightly curfew 8pm–6am for one year, and a non-contact order under Section 93) were lawful, proportionate and appropriate given the offender’s age, first-offence status, guilty plea, rehabilitation prospects and public interest; thus the sentence was reasonable and set aside no further modification by this court.

  • 6 Oct 2021

    PENDAKWARAYA HUE YIK FOONG

    Citation
    WA-62-9-01/2021 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    WA-62-9-01/2021 (Mahkamah Sesyen)

    The court convicted the accused under s.31(1)(a) Child Act 2001 and, applying established sentencing principles, held that because the charge did not allege causing death and having balanced aggravating factors against significant mitigation (guilty plea, advanced age, first offender, serious illness, remand), the sentence of 1 day imprisonment, RM15,000 fine (15 months if unpaid) and a two-year bond with RM1,000 surety was appropriate and not manifestly inadequate.