Malaysia Case Law: Decisions & Judgments

Topic

Henry gurney school

Legal area

Court

7 Dec 2022

PENAMA MUHAMMAD ANWAR AZRI BIN KAMAROL ZAMAN

Citation

NA-84-25-04/2022 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

NA-84-25-04/2022 (Mahkamah Majistret)

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.
12 Sept 2022

[Timbalan (TPR), Jabatan Peguam Negara] PENAMA MUHAMMAD THAQIF BIN MOHD ISA

Citation

CF-84-5-04/2022 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

CF-84-5-04/2022 (Mahkamah Majistret)

Child convicted on amended charge under s15(1)(a) DDA 1952; despite probation report recommending discharge on bond, court held rehabilitation at Henry Gurney School under s76 Child Act 2001 was necessary and proportionate because (1) the child associated with persons of bad character and had limited family supervision, (2) the child admitted early-stage drug involvement, (3) public interest and deterrence require intervention, and (4) the Henry Gurney curriculum offers vocational and rehabilitative benefits likely to serve the child’s best interests; accordingly ordered placement until age 2…
12 Aug 2021

PENDAKWARAYA Timbalan S.A.K (THE CHILD)

Citation

BH-84-18-05/2021 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

BH-84-18-05/2021 (Mahkamah Majistret)

The court ordered the child to be detained at Henry Gurney School until attaining age 21 because the offence (rape under s375(g)) is a serious offence punishable with ten years or more; the probation report and family circumstances indicated the child was unsuited for an approved school or mere binding over due to lack of demonstrated remorse and a family environment that condoned the relationship; both Advisers favoured Henry Gurney School and the statutory criteria in s75 were satisfied, justifying detention for rehabilitation and public protection.
5 Dec 2019

PENDAKWARAYA Timbalan MKN (A Child)

Citation

BH84-68-09/2019 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

BH84-68-09/2019 (Mahkamah Majistret)

The court found the statutory criteria under s75 Child Act 2001 were met: the offence (dangerous/reckless riding) is punishable with imprisonment, the probation report's recommendation for bond was inadequate given the child's conduct, background and risk of relapse, and rehabilitation and public interest required custodial rehabilitation; accordingly the child was ordered sent to Henry Gurney School for three years with conditions.

Malaysia Case Law

PENAMA MUHAMMAD ANWAR AZRI BIN KAMAROL ZAMAN

[Timbalan (TPR), Jabatan Peguam Negara] PENAMA MUHAMMAD THAQIF BIN MOHD ISA

PENDAKWARAYA Timbalan S.A.K (THE CHILD)

PENDAKWARAYA Timbalan MKN (A Child)