13 Mar 2025
NURZALYENI ARYSSHA BINTI RAZALI [Jabatan Peguam Negara]
- Citation
- WA-42S-5-06/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-42S-5-06/2023 (Mahkamah Tinggi)
The conviction is safe because credible eyewitness and forensic evidence proved beyond reasonable doubt that the appellant, being the child’s carer, negligently left the child unattended enabling access to an open balcony from which the child fell and died, satisfying the ingredients of s31(1)(a) Child Act 2001; the sentence imposed is lawful, proportionate and justified by deterrence and rehabilitation considerations.