GEORGE TOWN, Aug 8 — A former private college student was sentenced by the High Court here today to three months’ imprisonment and fined RM10,000, in default five months in jail, after pleading guilty to an alternative charge of infanticide.
Judge Rofiah Mohamad ordered the 23-year-old woman to serve the jail sentence from the date of her arrest, taking into account the periods she had already been detained, from July 10 to September 14, 2020, and from December 30, 2020, to January 15, 2021.
In her judgment, Rofiah said she considered the remorse and suffering endured by the woman during the five years she had been on bail, which she described as severe enough to cause trauma and mental distress to both the accused and her family, likening their experience to “living in hell”.
She said the court also took into account the public interest and her guilty plea as well as her mental health, where a psychiatric evaluation by Hospital Bahagia Ulu Kinta, Perak, confirmed she suffered from severe depression (Major Depressive Disorder) and continues to require treatment and medication.
“Based on these circumstances, the court has opted for a sentence that is more restorative than punitive. On the day of the incident, the accused had actually intended to take her own life after giving birth,” said the judge.
At the time of the offence, the accused was 18 years old and initially charged under Section 302 of the Penal Code with murdering her baby by causing her death on a pathway leading to the parking area on the fourth floor of the Sri Ivory Apartment, Bandar Baru Ayer Itam, at about 8.25am on July 10, 2020. The offence carries the death penalty upon conviction.
She was charged while receiving treatment in the maternity ward of Penang Hospital for severe blood loss and complications following childbirth. However, the prosecution later offered an alternative charge after considering her mental state and witness testimonies.
Under Section 309A of the Penal Code, a woman who causes the death of her newborn while suffering from mental disturbances due to not fully recovering from childbirth may be convicted of infanticide, which carries a maximum sentence of 20 years’ imprisonment and a fine upon conviction.
The prosecution was led by Deputy Public Prosecutor Nurul Khairiah Dahalaan, while the accused was represented by lawyer RSN Rayer.
The proceedings were also attended by Southeast District Social Welfare Department Community Service Command Officer Mohd Zahir Harun. — Bernama
