The Court of Appeal increases a former supermarket worker’s prison sentence to 20 years for the culpable homicide of a two-year-old boy in 2021.
PUTRAJAYA: The Court of Appeal today increased a former supermarket worker’s jail sentence from eight years to 20 years for causing the death of a two-year-old Indonesian boy under his care in 2021.
A three-member bench comprising Justices Datuk Noorin Badaruddin, Datuk Hayatul Akmal Abdul Aziz and Datuk Meor Hashim Abdul Hamid allowed the prosecution’s appeal to enhance the sentence.
Delivering the decision, Justice Noorin said the eight-year prison sentence imposed on Mohd Noor Ab Manap by the High Court was inadequate, as it failed to sufficiently reflect several material circumstances.
These included the fact that the deceased was a very young and helpless child, and that he was under the care and responsibility of the respondent (Mohd Noor).
She said the 20-year imprisonment sentence, however, struck the appropriate balance between the respondent’s interest as an offender and those of the victim and society.
The court ordered Mohd Noor, 36, to serve the sentence from Nov 11, 2021, the date of his arrest.
Justice Noorin said the boy had been entrusted to Mohd Noor and his wife in return for a monthly payment of RM250.
She said a child placed in the care of an adult is entitled to expect protection and care from the person entrusted with his or her well-being.
“In the present case, the trust was breached with the most tragic consequence, the loss of the deceased’s life,” she said.
Justice Noorin added that while Mohd Noor may have been under financial difficulty and stress, these could not be given significant weight, as no amount of pressure justified taking out his anger on a young and vulnerable child.
“The respondent had other options available to him, including seeking assistance or returning the deceased to his original guardian,’ she said.
Mohd Noor, 36, was initially charged with the boy’s murder. However, following his representation, the prosecution agreed to reduce the charge to culpable homicide not amounting to murder. He subsequently pleaded guilty and was sentenced to eight years in jail by the High Court.
The father-of-four committed the offence at a house in Kampung Janglau, Rompin, Pahang at 2 am on Nov 11, 2021.
According to the facts of the case, following the death of the boy’s mother, he lived with Mohd Noor’s brother-in-law (wife’s brother) and his wife. When the brother-in-law was subsequently offered employment in Johor, he entrusted the child to his sister and Mohd Noor.
A forensic medical specialist confirmed that the boy died from a torn mesentery, the tissue that holds the intestines in place, caused by a blow to the abdomen.
Deputy public prosecutor Solehah Noratikah Ismail appeared for the prosecution while lawyers Aida Rahayu Abdul Rahman and Amara Abu represented Mohd Noor.
