[1] The respondent who was 12 years and 9 months old at the time of the commission of the offence was charged in the High Court for the offence of murder punishable under s 302 of the Penal Code. He was convicted and ordered to be detained during the pleasure of the Yang di-Pertuan Agong pursuant to s 97(2) of the Child Act 2001 (Act 611) (‘the Child Act’). He appealed to the Court of Appeal. The Court of Appeal upheld the conviction but set aside the sentence imposed on him and released him from custody on the sole ground that s 97(2) of the Child Act was unconstitutional. The Public Prosecutor appealed to this court.

[2] On what ground did the Court of Appeal hold s 97(2) of the Child Act to be unconstitutional?

[3] From the judgment of the Court of Appeal, it can be seen that that court had arrived at that conclusion on the following premises:

(i) the doctrine of separation of powers is an integral part of the

Constitution;

(ii) judicial power of the Federation vests in the courts;

(iii) by s 97(2) of the Child Act, Parliament had consigned the power to

determine the measure of the sentence that was to be