Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Child act 2001

  • 15 Apr 2025

    [Timbalan (TPR), Jabatan Peguam Negara] PENAMA XXXX

    Citation
    CB-84-32-12/2024 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    CB-84-32-12/2024 (Mahkamah Majistret)

    Given the social welfare report demonstrating PKK2 requires institutional rehabilitation, the ineffective parental supervision that contributed to the offence, the need to protect the victim and public interest, and the statutory criteria in s.67(1) and s.91(1)(f) AKK being satisfied, the court ordered PKK2 to be placed in an approved school (Sekolah Tunas Bakti Jerantut) for three years rather than impose community service, a bond or imprisonment.

  • 11 Dec 2024

    VLADIMIR COVALENCO

    Citation
    KD-62-10-07/2024 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    KD-62-10-07/2024 (Mahkamah Sesyen)

    The court found the plea bargain related to sentence, was validly entered into under section 172C CPC, and the accused voluntarily pleaded guilty; the court was bound to give effect to the agreed sentence in Enclosure B and therefore convicted the accused and sentenced him to five years imprisonment commencing 2 July 2024, with ancillary orders as agreed.

  • 6 Oct 2023

    SHAHRUL IZAINI BIN RIZALMAN [Timbalan (TPR), Jabatan Peguam Negara]

    Citation
    CB-42JSKH-3-04/2023 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    CB-42JSKH-3-04/2023 (Mahkamah Tinggi)

    The appeal was allowed because the appellant was a youthful offender and the sentencing approach should emphasize rehabilitative measures under s293 Criminal Procedure Code read with s91(1)(f) Child Act 2001; the Sessions Court had applied youthful offender considerations but the High Court substituted the custodial sentence with a Henry Gurney order for three years commencing 06.10.2023; the decision to charge under section 376(1) was held to be within prosecutorial discretion under Article 145(3) and not for the court to substitute absent exceptional grounds.

  • 29 Jun 2020

    NOOR AMIE BINTI ABD. RAHMAN

    Citation
    PA-42H-28-12/2019 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    PA-42H-28-12/2019 (Mahkamah Tinggi)

    The High Court held the 5-year custodial sentence was appropriate and must be upheld given the serious, repeated physical injuries (including burns and fractures) and significant long-term mental harm to the child; appellate intervention was unwarranted on the main sentence but ancillary conditions were excessive and were therefore modified (reporting and counselling period reduced from 2 years to 1 year) while community service (160 hours) and bond (RM5,000 for 2 years) were maintained.

  • 27 Feb 2020

    PENDAKWARAYA Timbalan MBR

    Citation
    BH84-11-02/2019 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    BH84-11-02/2019 (Mahkamah Majistret)

    Although the Sexual Offences Against Children Act permits conviction on uncorroborated child evidence, the court found SP1 was not of tender years but her testimony was materially inconsistent, vague on the crucial fact of penetration, and not corroborated by police or medical reports; therefore prosecution failed to establish a prima facie case and the accused was acquitted and discharged under Child Act s90(10).