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teenage boy was found not guilty in the alleged murder of 16-year-old Yap Shing Xuen at a secondary school in Bandar Utama last October.
This morning, a large crowd of reporters gathered outside the Shah Alam High Court as they waited for the final verdict, with Yap’s parents seen making their way inside the courtroom with solemn looks.
The accused cannot be named or identified as he is a minor. Members of the media were also barred from entering the courtroom to hear proceedings.
Yap’s death had led to a massive outpouring of grief and demands for the authorities to step up in ensuring the safety of students while at school.
In delivering the ruling, Judge Adlin Abdul Majid stated that under Section 348 of the Criminal Procedure Code, the accused must be sent to a psychiatric hospital and be placed under its care while pending a decision from the Selangor Sultan.
The accused’s lawyer, Kitson Foong, told reporters that the defence had argued that the teenager was of unsound mind at the time of the incident and suffered from medical insanity, which further constituted legal insanity.
This was accepted by the court, thus acquitting the teen of murder, reported China Press.
Previously, the accused, who was 14 at the time of the alleged offense, was charged under Section 302 of the Penal Code for murder and faced the death penalty, or a jail term of not less than 30 years and not more than 40 years, and 12 cane strokes.
However, under Section 97 of the Child Act 2001, the suspect will escape the death penalty and instead will be sentenced to detention at the pleasure of Yang di-Pertuan Agong (YDPA), the Ruler, or Yang di-Pertua Negeri depending on the crime’s location.
As for the length of his detention period, it is subject to yearly review for potential release by the Ruler or Yang di-Pertuan Agong.
Before today’s proceedings, the accused had issued an apology to Yap’s family for his role in the tragedy:
This morning, a large crowd of reporters gathered outside the Shah Alam High Court as they waited for the final verdict, with Yap’s parents seen making their way inside the courtroom with solemn looks.
The accused cannot be named or identified as he is a minor. Members of the media were also barred from entering the courtroom to hear proceedings.
Yap’s death had led to a massive outpouring of grief and demands for the authorities to step up in ensuring the safety of students while at school.
In delivering the ruling, Judge Adlin Abdul Majid stated that under Section 348 of the Criminal Procedure Code, the accused must be sent to a psychiatric hospital and be placed under its care while pending a decision from the Selangor Sultan.
The accused’s lawyer, Kitson Foong, told reporters that the defence had argued that the teenager was of unsound mind at the time of the incident and suffered from medical insanity, which further constituted legal insanity.
This was accepted by the court, thus acquitting the teen of murder, reported China Press.
Previously, the accused, who was 14 at the time of the alleged offense, was charged under Section 302 of the Penal Code for murder and faced the death penalty, or a jail term of not less than 30 years and not more than 40 years, and 12 cane strokes.
However, under Section 97 of the Child Act 2001, the suspect will escape the death penalty and instead will be sentenced to detention at the pleasure of Yang di-Pertuan Agong (YDPA), the Ruler, or Yang di-Pertua Negeri depending on the crime’s location.
As for the length of his detention period, it is subject to yearly review for potential release by the Ruler or Yang di-Pertuan Agong.
Before today’s proceedings, the accused had issued an apology to Yap’s family for his role in the tragedy:
