20-year-old youth escapes the gallows

By AUSTIN CAMOENS

newsdesk@thestar.com.my

JOHOR BARU: A 20-year-old youth convicted of murdering a camper six years ago was spared the death penalty as he was underaged when the killing took place.

Justice Datuk Jeffrey Tan Kok Hua said he would now be detained at the pleasure of the Sultan of Johor.

The youth, who will turn 21 in June, was 16 when he killed a camper, also 16, at the Sungai Pelepah campsite in Batu Ampat, Kota Tinggi, on March 14, 2004.

He was initially charged with murder under Section 302 of the Penal Code, but this was amended to a charge under the Child Act 2001.

During the trial, testimonies revealed that the youth and his victim had an argument, leading to the youth attacking the camper with a machete.

Defence testimony also revealed that the 20-year-old told the court he was a drug addict under the influence of heroin before the incident took place.

The camper died from multiple blows to his head.

Before passing judgment, Justice Tan explained that the youth could not have been intoxicated during the attack as he was lucid and aware of his actions some three hours after the incident.

He said the youth had failed to disprove the intention of murder as he deliberately struck the camper on the head with the machete several times.

Deputy Public Prosecutor Juanita Mohd Said prosecuted while the youth was represented by lawyer Bustaman Menon.

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