JUDGMENT

Mohd Radzi Abdul Hamid J:

Matter Before This Court

[1] This is an application for revision of an order made by the Magistrate on 26 December 2023 ('Order') directing the detainee, who is a minor, to be remanded at the Sungai Udang Prison, Melaka, pending further proceedings in the case. This application is made by way of a letter dated 29 December 2023 ('Application').

Background

[2] MRD ('Detainee') was arrested on 17 July 2023 for the suspicion of committing the offence of murder under s 300 of the Penal Code for causing the death of his younger sibling, MHD, at their family home. At the time the offence was committed, the Detainee was 14 years of age, whilst the victim was 9 years old. He was charged at the Magistrate Court 4, Ayer Keroh, under case number MA-84-45-07-2023.

[3] On 17 July 2023, the Magistrate made an order under s 342(5) of the Criminal Procedure Code for the Detainee to be detained for observation at a psychiatric hospital. He was detained at Hospital Permai for the full period of three months as allowed under that provision and, by the end of that period, a Psychiatry Medical Report dated 11 October 2023 was issued by the attending Psychiatrist, Dr Johari