Wednesday July 25, 2007
Court orders release of 17yr-old convicted of murder
PUTRAJAYA: The Court of Appeal has ordered the release of the 17-year-old boy convicted of murdering his tuition teacher’s 11-year-old daughter five years ago.
When setting aside the sentence that the boy be detained in prison at the pleasure of the King in a landmark judgment earlier this month, Court of Appeal Justice Gopal Sri Ram had ordered DPP Yaacob Sam to look into whether the laws of England were applicable in Malaysia to sentence a teenager to natural life for murder.
The Court met Wednesday to hear submissions from the DPP and defence counsel on whether the appellate court could “import Section 5 of the Criminal Procedure Code (CPC) and send the 17-year-old boy to prison.”
The boy is currently being remanded at Kajang Prison under a Court of Appeal order. He has already served five years since his date of arrest on May 30, 2002.
The High Court had on July 1, 2003, found the boy guilty of murdering the 11-year-old girl at her house in Sentul, Kuala Lumpur, by stabbing her 20 times with a sharp object on May 30, 2002. He was 12 when he committed the offence.
On July 12, the Court of Appeal upheld the conviction for murder but set aside the sentence that the boy be held at the pleasure of the King, ruling that the sentence was unconstitutional.
Section 5 of the CPC provides for the laws of England to be applicable in Malaysia when there is no special provision made on matters of criminal procedure under the CPC or any written law.)
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