Our client RAGU A/L KRISHNAN escaped gallows and/or life imprisonment
May 1, 2025
Mother and her two sons finally got back their deceased husband/father’s land in Bukit Cherakah, Shah Alam
May 1, 2025
Another victory at the Court of Appeal today.
“CHILD ACT,2001”
On 6.5.2019, a 17-year-old boy(date of birth 26.3.2002)was charged together with a 22-year-old man at the Sessions’ Court in KLANG for gang robbery under section 395 of the Penal Code. The offence was allegedly committed on 13.4.2019
On 10.5.2021, after a full trial in the matter, the Sessions’ Court convicted and sentenced both to 8 years imprisonment and to be whipped with one stroke of the rotan.
The boy then approached us for assistance to appeal against the Session’s Court decision to the High Court, and on 10.3.2022 ,his appeal was dismissed and the conviction and sentence were affirmed.
We then appealed to the Court of Appeal. At the Court of Appeal, we submitted that:-
1. Our client is a child. A child means a person under the age of 18 years, and therefore, the Child Act applies.
2. The Session’s Court failed to exercise all the powers under the Child Act in respect of my client and other mandatory provisions thereunder.
3. There was no probation report tendered before sentencing.
4 . The “conviction” is illegal.
5 . The sentence of whipping is illegal, too.
6. The entire proceedings before the Session’s Court are null and void and illegal.
The Court of Appeal agreed with our submissions and acquitted and discharged our client. The orders of the High Court and the Sessions’ Court were set aside. Our client was ordered to be released forthwith.
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