Kota Kinabalu: An 18-year-old who raped a minor, was sent to Henry Gurney correctional school for three years or until he reaches the age 21 whichever is earlier.
Sessions Court Judge Amir Shah Amir Hassan made the order for the youth who was 17-year and eight-month-old when he committed the offence, after he maintained his guilty plea and his social report had tendered by the Welfare Department.
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The youth had raped the 12-year-old and ten-month-old girl at 1.30am in the midst of April 2025 at a room in Laya-Laya, Tuaran.
After releasing from the correctional school, the youth was ordered to be placed under police supervision for three years as provided under Section 27 of the Sexual Offences Against Children Act 2017.
In making the order for the youth, the court stated that it had considered several factors, including mitigation by the youth through his mother, who guaranteed that her son would not repeat the offence, the prosecution’s request for a deterrent sentence, as well as the youth’s social report.
The court also said it did not agree with the Welfare Officer’s suggestion for the youth to perform community service on the grounds that the youth and the victim knew each other and that there was no guarantee the offence would not be repeated if the young offender was allowed to be outside while the community service was being carried out.
The court also held that there should be a period of separation between the victim and the young offender to prevent the offence from recurring and to safeguard the victim’s emotional well-being.
“Based on the youth’s background, the court in view that the youth is suitable to be placed at an intuition where he can reflect on his actions, reform and receive proper guidance rather than be returned to his family.
“And this sentence is also a lesson to the youth and a reminder to the public at large, to not commit such offence,” said the court.
Deputy Public Prosecutor Bryan Francis appeared for the prosecution while the youth was not represented.
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