Bar: Review sentence on teen who threw baby

The Star 
by SHAILA KOSHY

KUALA LUMPUR: The Bar Council's National Legal Aid Committee (NLAC) wants a review of the 12-year jail sentence meted on the teen who had thrown her newborn baby out of a second floor window.

“The sentence is too harsh,” NLAC chairman Ragunath Kesavan said.

“Even in cases of manslaughter, judges have been compassionate.

“Here, her state of mind was not considered and the charge was not even murder,” he said.

On Jan 12, Noor Atika Kamarulzaman, 19, had pleaded guilty to causing the death of her child at B7-2 Taman Selayang Segar 2, between 3.30am and 7.15am on Oct 3 last year.

On Monday, Sessions Court judge Maziah Joary Mohd Tajudin sentenced the unrepresented teenager to 12 years in jail.

The punishment for infanticide under Section 309B of the Penal Code is a maximum jail term of 20 years and a fine, at the discretion of the judge.

Ragunath said the judge should have ordered for a psychiatric evaluation of the girl.

“Throwing a baby out the window is not something someone in a fit state of mind would do,” he said, adding he would be writing to the court for a review of the sentence.

At the sentencing, welfare officer Mohd Sabry Ahmad had submitted a report because Noor Atika was a minor at the time of the offence.

While DPP Rohaiza Hamzah had recommended a deterrent sentence, Mohd Sabry had recommended that the court consider imposing a good behaviour bond.