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Public Prosecutor V Kok Wah Kuan New

This case involved a 12-year-old defendant, Kok Wah Kuan, who was convicted of murdering his teacher's daughter. He stabbed her over 20 times after an argument. The case went through the High Court, Court of Appeal, and Federal Court from 2003 to 2007. It was the first case in Malaysia where a child offender was convicted of murder and incarcerated under the Children Act. The Federal Court ultimately upheld the defendant's conviction and detention order.

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257 views3 pages

Public Prosecutor V Kok Wah Kuan New

This case involved a 12-year-old defendant, Kok Wah Kuan, who was convicted of murdering his teacher's daughter. He stabbed her over 20 times after an argument. The case went through the High Court, Court of Appeal, and Federal Court from 2003 to 2007. It was the first case in Malaysia where a child offender was convicted of murder and incarcerated under the Children Act. The Federal Court ultimately upheld the defendant's conviction and detention order.

Uploaded by

Shaza Afifah
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Public Prosecutor v Kok Wah Kuan

The person involved;


Defendant/Appealent: Kok Wah Kuan
Plaintiff/Respondent: Public Prosecutor
Judges of the High Court: Ahmad Maarop
Judges of the Federal Court:
-Ahmad Fairuz (CJ) [decline appeal]
-Abdul Hamid Mohamad (PCA) [decline appeal]
-Alaudin Mohd Sheriff (CJ) Malaya [decline appeal]
-Richard Malanjum (CJ) Sabah & Sarawak [accept appeal]
-Zaki Tun Azmi (FCJ) [decline appeal]

The year of the case;


3 proceedings = from year 2003 to 2007
(High Court -> Court of Appeal -> Federal Court)

Details:

 This case is the first case in Malaysia where a child offender has
been convicted of murder and incarcerated under section 97 (2) of
the Children Act

 He wanted to come to an extra class (tuition) at his teacher's house


at 3.30 p.m.

 The teacher did not allow the suspect to come – it was very early.
But, he and informed him that he had arrived in front of the
teacher's house.

 The teacher instructed his daughter to open the door of the house -
the teacher's daughter lived alone

 At 4 pm, the teacher received a phone call from his own house –
“when the teacher wanted to return?.” - the teacher was on his way
home – “what the suspect was doing” – “I am sitting on a sofa”

 At 4.30 pm, the teacher arrived - The gate is not locked. Mangoes on
the door grill are locked from the outside. – there was a drop of
blood on the floor in the living room - went towards the kitchen.
More and more blood on the floor. No one is there

 bathroom door did not close tightly - her daughter was seen covered
in blood on the floor - Her neighbor then came to help

 the victim was taken to Setapak Surgery Clinic – the doctor


instructed the victim to be taken to Gleneagle Hospital, Jalan
Ampang and admitted to the emergency ward

 'What happened to my daughter?' - the suspect also said 'sorry


teacher, teacher sorry, sorry teacher'.'I dont know why i did it’

 there was no sign that the victim was still alive - pronounced dead

 Police continued to go to the suspect's father's house and managed


to arrest the suspect there - The suspect was charged with murdering
a victim under section 302 of the Penal Code

 There were about 20 stab wounds and 4 slash wounds using sharp
weapons on the victim's body - a stab from the back of the victim's
body penetrated the victim's heart

 The knife used by the suspect was found area of the suspect's
father's shop house – the bucket in the bathroom in the suspect's
father's shop used to soak the suspect's clothes - traces of the
suspect's blood were found in the bucket

 the suspect's friend actually came to the teacher's house for


tuition class – he told his friend that the tuition class was not
there that day - replace the class the next day - just fabricating
stories - the suspect wants to use this opportunity to kill the
victim - the suspect looked sweaty and the front of the suspect's
shirt looked wet

 The suspect's confession used as evidence of the suspect's


involvement in killing the victim - 'A confession is an admission
made at any time by a person accused of an offense, stating or
suggesting the inference that he committed the offense' (Section 17
(2) of the Evidence Act)

 the victim called the suspect repeatedly 'fatty' and 'stupid' -


enlarged and reduced the radio volume while with the suspect in the
house - the suspect's feelings could not be controlled because then
the victim placed two knife blades in front of the suspect - the
suspect's ego began to be challenged and unexpectedly, the suspect
got up and acted to kill the victim

- - - - - - - - - - - - - - - - - - - - - - - -
Points that related to judgements;

 Provocation from the victim prompted the suspect to act - the High
Court judge rejected the suspect's defense argument - 'just because
the accused person said he had no intention of killing, did not
continue to make what was done instead of killing'

 12 years and 9 months old - suspect cannot be hanged to death - the


suspect should be detained in jail for as long as the Yang Di
Pertuan Agong allows

 Advocates argue why child offenders should be remanded in custody


under the Children Act while the power to punish should be given in
court. A panel of judges Gopal Sri Ram, Zulkefli and Raus Sharif
ruled that section 97 (2) of the Children Act was invalid

 The Federal Court set aside the decision of the Court of Appeal

 In October 2007, a majority panel of Federal Court judges ruled the


sentence on the suspect was upheld. The suspect was found guilty of
murder and ordered to be detained under the YDPA

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