KOTA KINABALU: An 18-year-old man was ordered to be placed in Henry Gurney School for three years, or until he turns 21, for raping a minor.
Sessions Court Judge Amir Shah Amir Hassan also imposed a three-year police supervision order under Section 27 of the Sexual Offences Against Children Act, to take effect upon the youth's release from the institution.
The court made the decision after the accused, who was 17 at the time of the offence, maintained his guilty plea, and a social report from the Welfare Department was presented.
The youth had raped a 12-year-old girl at 1.30am in April 2025 in a room in Tuaran.
The offence, under Section 376(1) of the Penal Code, carries a maximum sentence of 20 years' imprisonment and whipping.
In delivering the order, the court considered several factors, including a plea for leniency from the youth's mother, who assured the court her son would not reoffend, the prosecution's request for a deterrent sentence, and the findings of the social report.
The court declined the welfare officer's suggestion for community service, noting that the youth and the victim were known to each other.
Judge Amir Shah stated there was no guarantee the offence would not be repeated if the offender remained in the community.
He added that temporary separation from the victim was necessary to protect her safety and emotional well-being.
"Based on the family background and social report, the court is of the view that placement in a structured institution is more appropriate to ensure rehabilitation, education, and reform, rather than returning him to his family.
"This sentence also serves as a lesson to the offender and a warning to the public against committing similar offences," the judge said.
Deputy Public Prosecutor Bryan Francis prosecuted. - NST
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