The Court of Appeal allowed the prosecution’s appeal to replace the 120-hour community service sentence imposed on the offender two years ago when he was 17.PUTRAJAYA: A 19-year-old restaurant worker has been ordered to be detained at the Henry Gurney School until he turns 21 for having an incestuous relationship with his 12-year-old niece, who subsequently gave birth to his child.
The Court of Appeal unanimously allowed the prosecution's appeal, exercising its jurisdiction under Section 60(2) of the Courts of Judicature Act 1964 and Section 316 of the Criminal Procedure Code to replace the 120-hour community service sentence imposed on the offender two years ago when he was 17.
The prosecution had raised a key legal question: whether the Court of Appeal can intervene to increase a manifestly inadequate sentence even after a child offender has fully served the original punishment.
