
Magistrate Nurshahida Abdul Rahim, who sat in the court for children in Kangar, Perlis, also ordered the victim to be compensated RM4,000, as allowed under the Child Act 2001.
The offender’s mother paid the fine and compensation.
Nurshahida also ordered the offender, accompanied by his mother, to report to the nearest social welfare department office on the first week of every month for two years beginning from the date of the court order.
The offender, now 19 and working, was also directed to attend an interactive workshop over a period of two years at a place and time to be determined by the department.
He admitted to committing the offence at a house in Kuala Perlis at about 3am on Jan 16, 2022, when the girl was 14 years and 10 months old.
Nurshahida noted that the offender, a 16-year-old student when the offence was committed, had entered an unconditional plea of guilt which had saved the court’s time and prevented his underage victim the embarrassment of testifying at trial.
The magistrate said her decision was premised on a probationary report and the views of two advisers who had sat with her to hear the case.
“This court is aware that the order given must reflect social changes occurring in society at this time.
“Public interest must be given priority and, at the same time, the welfare of the offender has to be considered,” Nurshahida said, adding that a good behaviour bond would have been too lenient for the offence.
“However, an order to send him to an institution would be too excessive and not in the best interest of the child, as stated in the probation report,” her written judgment, released last week, read.
She noted that the report concluded that the offender needed family support to become a responsible citizen.
He had also realised the difficulties his family had been put through in raising funds to pay the fine and the compensation to the victim.
The prosecution had submitted that the offender had a prior record and called for a heavy sentence to be imposed, including sending the offender to the Henry Gurney correctional school.
The facts of the case revealed that the girl had admitted that the offender was her boyfriend and that they had spent the night at a friend’s house.
The girl’s father was the complainant in the case and had made a police report.
The prosecution has filed an appeal in the High Court.