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Kuala Lumpur Courts Complex. Wikimedia Commons photo
PETALING JAYA (Jan 30): The case of a teenage boy charged with murdering a 16-year-old girl at a Bandar Utama secondary school on Oct 14 last year has been transferred to the Shah Alam High Court for trial.
Kitson Foong, the lawyer representing the 15-year-old defendant, said the transfer was effected after the prosecution secured the necessary consent from the Attorney General’s Chambers under Section 177A of the Criminal Procedure Code.
“This case has been transferred from the Petaling Jaya Magistrates’ Court to the Shah Alam High Court for trial,” he told the media following a closed-door proceeding before Magistrate Amira Sariaty Zainal today.
“The prosecution has reviewed the evidence and deems it sufficient to proceed with the murder charge under Section 302 of the Penal Code,” he disclosed.
Kitson added that a case management date at the High Court has yet to be set, and the trial will commence once the defence is notified of the presiding judge.
On Jan 16, the Magistrates’ Court was informed that a psychiatric report had confirmed the teenager was fit to stand trial.
He was charged under Section 302 of the Penal Code, which carries the death penalty or, in lieu thereof, a minimum imprisonment of between 30 and 40 years, as well as not more than 12 strokes of the cane.
No plea was recorded at the Magistrate’s Court, however, because murder is an offence under the jurisdiction of the High Court.
It should be noted that Section 97(1) of the Child Act 2001 stipulates that the death penalty cannot be imposed on a child under the age of 18.
In its place, the court may order the individual to be detained for a duration as permitted by the Yang di-Pertuan Agong, the Ruler, or the Yang Dipertua Negeri, as provided for under Section 97(2) of the same Act. – Bernama

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