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SHAH ALAM - The mother of the late Zayn Rayyan Abdul Matin has lost her bid to overturn her conviction for neglecting the autistic boy, three years ago.
This was after the High Court, here, upheld Ismanira Abdul Manaf's five-year jail sentence, dismissing her appeal against the Petaling Jaya Sessions Court's ruling last year.
Upon hearing the decision, Ismanira, 31, who has served 11 months of her sentence at Kajang Women's Prison, appeared calm while standing in the dock.
Her husband, Zaim Ikhwan Zahari, 31, who was in the public gallery, lowered his head alongside his parents and other relatives.
In delivering the decision, Judge Noor Hisham Ismail said after examining the appeal record, including the grounds of judgment and the written and oral submissions from both parties, the court was satisfied that the Sessions Court had not made any error of fact or law in the decision.
He said the charge clearly stated every element of the offence under Section 31(1)(a) of the Child Act 2001.
"The manner in which the neglect was committed was also detailed, such that the accused, as the appellant, could not have been confused and therefore there was no failure of justice.
"The word 'neglect' means an omission by a person having custody to provide the attention, supervision or care required by the circumstances of the child.
"The standard of care is measured based on the child's age, capacity and needs, as well as the child's environment. It differs from the concept of 'acting negligently', which refers to a positive act," he said.
He said the prosecution did not need to prove actual injury or direct causation.
He said the word 'may' in the charge required an actual risk, assessed objectively, rather than merely a theoretical possibility.
According to him, even if the lower court had erred by treating causation as an element, this court was of the view that the approach did not affect the conviction.
The judge said the difference between Sections 31 and 33 of the Act lies in the element of risk of injury.
"The choice of charge falls within the discretion of the Public Prosecutor under Article 145(3) of the Federal Constitution.
"Therefore, it was not wrong for the Sessions Court judge to find that the defence had failed to raise a reasonable doubt," he said.
Meanwhile, he said the prosecution had also appealed against the sentence imposed on the mother of the two children.
He said the court would only intervene if the sentence was excessive or there was an error of principle.
"However, the accused was sentenced for her own neglect, not for the criminal act of a third party.
"The five-year prison sentence imposed by the Sessions Court judge was neither inadequate nor excessive.
"Therefore, both the prosecution and accused's appeals are dismissed," he said.
In the proceedings, Ismanira was represented by lawyers Tiara Katirina Fuad, Haresh Mahadevan and Lavanesh Mahadevan.
The prosecution was conducted by deputy public prosecutors Raja Zaizul Faridah Raja Zaharudin, Kamarul Iman Ahmad Sapian and Ahmad Iqbal Azman.
On Dec 6, 2023, Zayn Rayyan was found dead in a stream near the Idaman Apartments area in Damansara Damai here at about 10pm.
The victim had earlier been reported missing before being found lying about 200 metres from his residential block.
Following this, on June 13, 2024, Zaim Ikhwan, 31, and Ismanira were charged at the Petaling Jaya Sessions Court with one count of jointly, as persons having custody of their six-year-old son Zayn Rayyan, neglecting him in a manner likely to cause physical injury.
However, at the end of the prosecution's case on July 21, 2025, Judge Dr Syahliza Warnoh acquitted and discharged Zaim Ikhwan of the charge without requiring him to enter his defence.
Meanwhile, on Oct 31 the same year, the court ordered Ismanira to be sent immediately to Kajang Women's Prison to serve a five-year sentence after finding her guilty of neglecting the child.
Under the amended charge, Ismanira was accused, as a person having custody of Zayn Rayyan, of neglecting him in a manner likely to cause physical injury.
The offence was allegedly committed in the area of Block R, Idaman Apartments, Damansara Damai, up to the nearby river area, between noon on Dec 5, 2023 and 9.55pm the following day.
The charge was framed under Section 31(1)(a) of the Child Act 2001 and punishable under Section 31(1) of the same Act, which provides for a fine of up to RM50,000 or imprisonment for up to 20 years, or both, upon conviction.
