by FARAH SOLHI
A MOTHER of two has been sentenced to a three-year jail term by Ampang Sessions Court this morning after pleading guilty to exposing her six-year-old son to physical danger, which led to his death earlier this month.
Judge Norshila Kamarudin sentenced the mother, aged 25, to having hit, pinched and slapped the victim, causing fatal injuries.
According to the case facts, the victim’s post mortem showed that he had died from blunt trauma to his head and abdomen area.
The victim’s statement, recorded by the police during investigation, showed that the victim has been beaten, slapped, pinched and yelled at by the accused for always crying, and not urinating and defecating regularly, in addition to neglecting to bring him to the hospital when he had fever.
The mother was accused of having committed the offence between 2pm on Jan 8 and 6pm on Jan 9 at a house in Taman Bukit Ampang, Hulu Langat, Selangor.
She was charged under Section 31(1)(a) of the Child’s Act 2001, which carries a maximum RM50,000 fine or 20 years’ maximum jail term or both upon conviction.
The judge also ordered her to be bailed with a good behaviour bond for two years, and prohibited her from taking care of children for five years after her release, which would be in 2028.
The court also ordered the mother to serve another year in prison if she failed to comply with the additional sentence.
Prior to sentencing, the accused’s lawyer Muhammad Aidil Akmal Sharidan pleaded to the court to consider sentencing a minimal fine, given that she has regretted her action.
Muhammad Aidil added that the accused has another child, a six-month old baby, who is currently under the care of her husband.
“She is in the process of getting a divorce from her husband. She is also unemployed and holds full custody of her two children, while finalising her divorce. Her second born needs her, as she is still breastfeeding.
“She has regretted (her action) and is sad over what had happened. She also promised to never repeat her action in the future,” he submitted.
This was rebutted by deputy public prosecutor Muhammad Hairuliqram Hairuddin who suggested for the court to order appropriate sentences on the accused, given that the offence is a serious one, which had cost a child’s life.
“As the biological mother, the accused should not have hit, pinched and slapped the victim to the point of causing him to die,” he said.
Meanwhile, the accused’s boyfriend was charged with killing the victim on Jan 10 around 2.36pm at the same location, under Section 302 of the Penal Code which carries the death penalty or 30 to 40 years’ imprisonment and maximum 12 strokes of rotan.
He was charged before Magistrate Amalina Basirah Md Top. However, no plea was recorded, given that murder cases are under the High Court’s purview.
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