A college student who threw her newborn baby out of a window five years ago was fined RM10,000 by the High Court here, which decided against sentencing her to jail.
Justice Rofiah Mohamad said the court had considered M Santhiea’s time in detention over three months in 2020 and 2021, her emotional breakdown in court last month when shown photos of her baby, and her diagnosis of major depressive disorder.
Rofiah said reports showed that Santhiea felt deep remorse, suffered public shame, and was still at risk of suicide.
“The court feels a more rehabilitative rather than punitive approach is best,” she said.
Rofiah said prison could worsen Santhiea’s mental state, citing a social welfare report which warned that she had a high risk of self-harm.
She also urged Santhiea to use her “new breath of life” to serve her family and the country.
Santhiea, now 23, was 18 and a college student when she threw her newborn from her flat in Bandar Baru Air Itam in 2020.
She was initially charged with murder, but the charge was reduced to infanticide under Section 309A of the Penal Code, which applies to mothers in a disturbed state after childbirth.
She spent several months in detention before being released on bail, and later pleaded guilty to infanticide.
A welfare report said she tried to kill herself after the incident and has been on antidepressants since.
Her family has paid the fine, and she is awaiting release. She would have faced five months in prison if the fine had not been paid.
Deputy public prosecutor Nurul Khairiah Dahlaan prosecuted while RSN Rayer represented Santhiea.
