The 14-year-old suspect was accused of fatally stabbing 16-year-old Yap Shing Xuen was charged today under Section 302 of the Penal Code for murder, reported Sin Chew Daily.
The charge was made against him in the presence of his parents, who came to the Petaling Jaya Magistrate’s Court wearing face masks.
As the accused is a minor, Magistrate Amira Sariaty Zainal ordered the hearing to be conducted behind closed doors and barred the media from entering the courtroom.
As for the charge, which was framed under Section 302 of the Penal Code, falls under the jurisdiction of the High Court, there was no need for it to be read out at the Magistrate’s Court.
The court set Nov 21 for the submission of forensic and pathology reports.
No death sentence
Upon conviction, the suspect faces 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 not be sentenced to death even if he gets convicted of murder.
Instead, he will be sentenced to detention at the pleasure of Yang di-Pertuan Agong (YDPA), the Ruler, or Yang di-Pertua Negeri depending on the place where the crime was committed in.
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.
Summary of events
On Oct 14, Yap was brutally stabbed by the suspect inside the female toilet at Sekolah Menengah Kebangsaan (SMK) Bandar Utama 4.
Following the tragedy, members of the public, political figures, and the royal family sent their condolences to the family in the form of wreaths and attending the wake service held at Nirvana Center Kuala Lumpur (Nirvana 2).
Yap was laid to rest yesterday (Oct 21), where hundreds turned up to pay their final respects and bid farewell.
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