“This court must send a strong message that it does not condone this type of offence,” said deputy public prosecutor Ng Siew Wee.
Ng was submitting during an appeal against sentences imposed by two separate courts for offences committed by the teenager when he was 15 years old.
The teen was charged under Section 14(a) of the Sexual Offences Against Children Act 2017 at the court for children in Sepang on two counts of physical sexual assault on his sister and a female friend.
He was also charged with committing carnal intercourse against the order of nature with his sister’s friend under Section 377C of the Penal Code.
In September 2020, he was sent by a magistrate to Henry Gurney School for three years after pleading guilty to the offences.
He also pleaded guilty at the court for children in Petaling Jaya to another charge under Section 14(a) for sexually assaulting another female friend.
In February 2021, he was ordered to be detained at the Henry Gurney School for three years.
The punishments were affirmed by a High Court in November of the same year.
The teenager served three months of his sentence before the Court of Appeal stayed it pending his final appeal.
“We need to go through the relevant laws to determine a suitable punishment,” said Justice Hadhariah Syed Ismail at the conclusion of today’s hearing.
Hadhariah was chairing a three-member panel which included Justices M Gunalan and Lim Chong Fong.
Proceedings today began with Hadhariah confirming that the panel members had read the appeal records and had noted that the appellant had the tendency to watch pornography.
Ng called for the court to commit the teenager, who is now just over 18 years old, to a custodial sentence in prison.
“Section 98 of the Child Act does not allow a habitual sexual offender to be placed under probation,” she said.
Ng said the law also allowed the youth, who is now waiting for his Sijil Pelajaran Malaysia (SPM) examination results, to be placed in Henry Gurney School in Melaka until he turns 21.
However, the offender cannot be placed in any of the approved schools run by the social welfare department as they only admit children below the age of 18.
Ng said the youth had also repeatedly kicked one of his female friends despite her pleas for him to stop.
“In fact, he took photos of his victims and threatened to expose them,” she added.
Lawyer Khairul Azam Abdul Aziz, who is representing the youth, urged the court to impose a non-custodial sentence involving either a good behaviour bond or community service.
He said his client had been sent to a government boarding school where he sat for his SPM examination.
“There were no complaints or reports of him repeating such offences in the co-ed institution,” the lawyer said.
Khairul said it was pointless to put the teenager in a correctional school or send him to jail as this would affect his future.