PETALING JAYA: The case of a teenage boy charged with murdering a 16-year-old girl at a Bandar Utama secondary school on Oct 14 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 consent from the Attorney General's Chambers (AGC) under Section 177A of the Criminal Procedure Code.
"This case has been transferred from a Petaling Jaya Magistrate's Court to the Shah Alam High Court for trial," he told the media following a closed-door proceeding before Magistrate Amira Sariaty Zainal on Friday (Jan 30).
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"The prosecution has reviewed the evidence and deems it sufficient to proceed with the murder charge under Section 302 of the Penal Code," he said.
Foong 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 Magistrate's Court here was informed that a psychiatric report confirmed the teenager was fit to stand trial.
He was charged under Section 302 of the Penal Code for murder, which carries the death penalty, or between 30 and 40 years' jail with up to 12 strokes of the cane, upon conviction.
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No plea was recorded at the Magistrate’s Court, however, because murder is an offence under the jurisdiction of the High Court.
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 di-Pertua Negeri, as provided for under Section 97(2) of the same Act. – Bernama
