In relation to the recent ruling in D L Veerin's case as reported in the newspapers on 24 July 2001 that young first offenders should no longer be spared jail sentences owing to the increasing number of crimes committed by them, the Bar Council is of the view that the Court should have considered other sentencing principles.
The Bar Council is mindful that the number of crimes committed by young offenders is on the increase. It is in the interest of the public that youths should be deterred from the commission of crimes and be induced to turn from criminal ways to honest living. While this inducement can take different forms, it must be remembered that public interest must always remain paramount. Imposing a sentence or order of imprisonment should only be used in very restricted cases such as in premeditated offences of a serious nature, in cases where Parliament has increased punishments for certain offences, or where the offenders have shown no immaturity, ignorance or moral compunction.
The public interest may be better served in other instances by alternative sentences instead of imprisonment, particularly in the cases of young offenders. The means used would depend to a large extent on the attitude of the offender and his amenability for any particular type of reformation. The interest of the public also includes the interest that our youths should become good citizens. The Courts should therefore call for evidence on the background, antecedents and character of an offender before making any order. The punishment should always be tailored to fit the crime.
The recent Child Act 2001 (Act 611) which was gazetted on 1 March 2001 but which has yet to come into force evidences Parliament's continued recognition that there may be situations in which jail sentences may be unsuitable for juveniles and even those falling within the 18 to 19 plus year old bracket. As such, Judges and Magistrates should not begin to take a narrow stand contrary to the trend of legislation and impose a blanket ruling that it is not in the interest of the public to release young offenders with a light sentence, fine or binding over for the sole reason that crime by young offenders is on the increase. The Bar Council is of the view that Courts should maintain a balanced approach to sentencing young offenders.
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Talk on Summary Judgement (25 May 2012) Organised by the Selangor Bar Committee, this talk will take place at 5:00 pm, at the Selangor Bar Committee Auditorium, on 25 May 2012 (Friday). The talk will be conducted by Ramesh Supramanian. Click on the link above for more details.
Seminar on Tax Issues in Financial Transactions (25 May 2012) Organised by the Kuala Lumpur Bar Professional Development Committee, this seminar, featuring S Saravana Kumar, will take place at 3:00 pm, at the Kuala Lumpur Bar Auditorium, on 25 May 2012 (Friday). Click on the link above for more details.
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Conference on Competition Law (31 May 2012) Organised by Bar Council with the support of LexisNexis, this conference will take place at 8:30 am to 4:00 pm, at Renaissance Kuala Lumpur Hotel, on 31 May 2012 (Thursday). For more details or to register, please contact Vilashini Vijayan (03-2050 2095; vila@malaysianbar.org.my). Click on the link above for more details.
Talk on What Clients Want (7 June 2012) Organised by the KL Bar Practitioners' Affairs Committee, the talk, presented by Ong Eu Jin, will take place at 5:00 pm, at the KL Bar Auditorium, on 7 June 2012 (Thursday). Click on the link above for more details.
4th LAWASIA Family Law Conference, Penang (13 and 14 July 2012) Supported by Penang Bar Committee and the Malaysian Bar, this conference, themed “The New Global Family: Emerging Trends and Challenges to Family Practice”, will take place at Traders Hotel, Penang, on 13 and 14 July 2012 (Friday and Saturday). Click on the link above for more details.
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Circular No 110/2012: Seminar on Introduction to ICC Arbitration: An Insight into the 2012 ICC Rules
