GEORGE TOWN: A 20-year-old female foreign student from Malawi escaped the gallows today at the High Court despite being found guilty of drug trafficking offence committed three years ago as a then 17-year-old teenager.
Judicial Commissioner Colin Lawrence Sequerah ordered the accused to be detained under the pleasure of Yang di-Pertuan Agong by virtue of provisions under the Child Act 2001.
"You will be detained under the pleasure of Yang di-Pertuan Agong under the Penang state jurisdiction," he said in a judgement.
Sequarah ruled that the accused could not be hanged as the Child Act 2011 has prevented the court from passing a death sentence on a teenager.
The accused was a 17-year-old when she committed the offence by trafficking in 4,311 grammes of methamphetamine at the Penang International Airport arrival hall in Bayan Lepas about 10.30am on Oct 5. 2013.
She arrived from Malawi after transit stopovers in Johannesberg, South Africa and Singapore on the day she was arrested.
The foreigner was represented by counsels Hussaini Abdul Rashid and Anthony Chew while Deputy Public Prosecutor Noor Azrul Abdul Rahman prosecuted.