Khidmat masyarakat tak memadai, remaja laku sumbang mahram diperintah ke Henry Gurney

Mahkamah Rayuan Putrajaya decided that the rule of community service did not meet the necessary standard and replace it with a similar order. The three-member panel of judges, Azman Abdullah, Hayatul Akmal Abdul Aziz, and K Muniandy, ruled thus after allowing the prosecution's appeal to override the 120-day community service order imposed by the High Court Kangar on a 19-year-old male in 2024.

Hayatul Akmal, who delivered the judgment, stated that the sentence given earlier was not proportional to the severity of the respondent's wrongdoing, and the court found the High Court judge to have been acting outside his jurisdiction. The victim was a 12-year-old child at the time of the incident, and the respondent's sibling was 14 years old at that time.

The incident occurred between 12.30 am and 5.30 am on October 14th, 2021, when the victim was asleep in their grandmother's home in Kuala Perlis. The victim did not realize what had happened, and when awakened, they found blood on their leg. The victim's mother took the victim to a polyclinic on May 12th, 2022, after noticing the victim's belly had enlarged, and the examination confirmed that the victim was pregnant with a baby for eight months.

The investigation later identified the respondent as the culprit, and the DNA test confirmed that the respondent was the father of the baby born to the victim. The court acknowledged that the good conduct report had been considered, but it was only one of the factors contributing to the type of sentence. "We agree that the 120-day community service order was inadequate, and there is sufficient reason for the court to override the order and replace it with a similar order," said the judge.

Despite the completion of the community service sentence, the court still has the power to amend the sentence by ordering the respondent to be detained at Henry Gurney School until they reach the age of 21, as provided under Section 91(1)(f) of the Children's Act. On February 21st, 2024, the High Court Kangar ordered the male to serve the community service of 120 days within six months, in addition to attending a JKM (Johor Kaibigan Welfare Department) session twice a year and reporting to the police station every month after pleading guilty to the charge under Section 376B of the Penal Code.

The male was charged under Section 376B of the Penal Code, and today, his lawyer was represented by Deputy Prosecutor Mohamad Arif Aizuddin Masrom, while the respondent was represented by the National Assistance Foundation (YBGK) lawyer Izleen Ismail.