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.