GEORGE TOWN: The High Court will consider a social welfare report before sentencing a young mother who was originally charged with the murder of her newborn baby.
She allegedly threw the baby from the 13th floor of her apartment five years ago.
M. Santhiea's lawyer, RSN Rayer, informed the court that it is standard judicial practice to review a report from the Social Welfare Department prior to sentencing, especially in cases involving young offenders.
"The accused was only 18 years and three months old at the time of the offence," Rayer stated.
He also mentioned that Santhiea underwent a psychiatric evaluation at Tanjung Rambutan Mental Hospital as ordered by the court and expressed hope that comprehensive mental health reports would be taken into account before the court delivers its judgment.
Additionally, the court granted Rayer’s request to reduce the original charge from Section 302 of the Penal Code for murder to Section 309A for infanticide.
Santhiea was initially charged under Section 302 for allegedly causing the death of her newborn baby at the Sri Ivory Apartment in Ayer Itam at around 8.25am on July 10, 2020.
The murder charge carries the death penalty or imprisonment of 30 to 40 years and includes a mandatory minimum of 12 strokes of the cane upon conviction.
The amended charge under Section 309A states that Santhiea caused the death of her newborn daughter while suffering from a disturbed mental condition resulting from childbirth. A conviction under this section carries a maximum sentence of 20 years in prison and a fine.
High Court Judge Datuk Rofiah Mohamad agreed that the sentencing would take the social report, particularly the assessment of Santhiea’s mental health, into consideration. She directed that a welfare officer from the Northeast District Social Welfare Department be present during the proceedings. The court has scheduled the sentencing for June 30.
