PENDAKWARAYA ZAINUHAR BINTI CHE KAR

PENDAKWARAYA ZAINUHAR BINTI CHE KAR

Accused pleaded guilty; on balance of aggravating and mitigating factors the court found negligence was not of the highest degree or accompanied by violence or deliberate cruelty, accused is a first offender with significant familial responsibilities and remorse; therefore fines with default imprisonment and a bond were within lawful discretionary limits and were adequate and appropriate; prosecution's appeal against sentence was noted.

Citation
WA-62-84-07/2020 (Mahkamah Sesyen)
Parties
Prosecutor: Penda kawaraya; Accused/defendant: Zainuhar binti Che Kar
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
27 September 2021
Case Number
WA-62-84-07/2020 (Mahkamah Sesyen)
Procedural Posture
Criminal (sessions Court) / Sentencing; Prosecution Filed Notice of Appeal Against Sentence
Outcome
Accused convicted on guilty plea and sentenced; prosecution filed notice of appeal against sentence
Legal Topics
Criminal Negligence Causing Death, Operation of Unregistered Childcare Centre, Sentencing Principles, Appeal Against Sentence
Source Language
Malay/English
Criminal Law Child Protection/child Welfare Regulatory Offences Childcare Criminal Negligence Causing Death Operation of Unregistered Childcare Centre Sentencing Principles Appeal Against Sentence

Case Brief

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Parties

Penda kawaraya

Prosecutor

Zainuhar binti Che Kar

Accused/defendant

Procedural Posture

Criminal (sessions Court) / Sentencing; Prosecution Filed Notice of Appeal Against Sentence

Legal Issues

  1. 1 Whether accused's negligence in leaving child in cradle amounted to culpable negligence under section 31(1)(a) Child Act 2001 resulting in death
  2. 2 Whether operation of unregistered childcare constituted an offence under section 6(1) Childcare Centres Act 1984
  3. 3 Proper exercise of sentencing discretion having regard to aggravating and mitigating factors

Ratio Decidendi

Accused pleaded guilty; on balance of aggravating and mitigating factors the court found negligence was not of the highest degree or accompanied by violence or deliberate cruelty, accused is a first offender with significant familial responsibilities and remorse; therefore fines with default imprisonment and a bond were within lawful discretionary limits and were adequate and appropriate; prosecution's appeal against sentence was noted.

Court Disposition

Accused convicted on guilty plea and sentenced; prosecution filed notice of appeal against sentence

Orders

  • For amended charge under section 31(1)(a) Child Act 2001: Fine RM8,000.00; in default 8 months imprisonment; accused ordered to enter Bond of Good Conduct for 3 years under section 31(2)(a) Child Act 2001.
  • For charge under section 6(1) Childcare Centres Act 1984: Fine RM1,000.00; in default 1 month imprisonment.