KUALA LUMPUR: A teenager who was sentenced to 12 years' jail for causing the death of her newborn by flinging the baby out of a second-floor window has applied for a stay of execution.
Noor Atika Kamarulzaman, 19, pleaded in the Selayang Sessions Court that it was her first offence and there was no risk of her repeating the offence if granted bail.
Her counsel Ravin Singh urged the court to allow Noor Atika to sign in at a police station near her home once a week as a means for the court to keep track of her.
DPP Ridha Abdah Subri, however, said the risk of her absconding was higher as she had already been convicted.
Ridha said that while intense emotional stress might have driven Noor Atika to commit the offence in the heat of the moment, she was of sound mind at the time of the proceedings and fit to stand trial.
On Jan 12, Noor Atika pleaded guilty to causing the death of her child at B7-2 Taman Selayang Segar 2 between 3.30am and 7.15am last Oct 3.
Sessions judge Maziah Joary Tajudin sentenced the then unrepresented teenager on Jan 30 to 12 years’ jail.
Noor Atika drew the attention of the Bar Council’s Legal Aid Centre after the sentencing.
Ravin said outside the courtroom that it was a significant issue that she had not been represented earlier.
“Who was advising a (then) 18-year-old girl whether or not to plead guilty and what were the consequences of her decision?
“Being told that the offence carries a 20-year penalty is not the same as getting legal advice on how much prison time she was likely to be sentenced if she pleaded guilty,” he said yesterday.
Judge Maziah fixed May 8 to deliver her decision.
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