Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Section 31(1)(a) children act 2001

Legal area

Court

9 Mar 2026

JAYALATHIME A/P JEGANATHAN

Citation

WA-42H-16-07/2025 (Mahkamah Tinggi)
Court

High Court
Case number

WA-42H-16-07/2025 (Mahkamah Tinggi)

The High Court allowed the prosecution's appeal, holding the trial judge erred by imposing only a fine and failing to give due weight to the amended statutory penalties and aggravating facts (severe brain injury, skull fracture, failure to seek medical care, child left with a minor); the guilty plea, entered late, carried little mitigation; in the interests of public protection the fine of RM10,000 was replaced with imprisonment of 1 year 6 months while other Section 32 orders were maintained.
30 May 2023

[Jabatan Peguam Negara] NURZALYENI ARYSSHA BINTI RAZALI

Citation

WA-62-49-04/2022 (Mahkamah Sesyen)
Court

Sessions Court
Case number

WA-62-49-04/2022 (Mahkamah Sesyen)

Court found prosecution proved beyond reasonable doubt that (1) victim was a 3-year-old child, (2) accused had custodial responsibility at the material time, and (3) accused negligently left the child unattended enabling the child to access the balcony and fall to her death; therefore accused guilty under s31(1)(a) Children Act 2001 and sentence imposed accordingly.