Woman fined RM10,000 for infanticide, court rules sentencing should be rehabilitative rather than punitive


GEORGE TOWN: A woman who was charged with throwing her newborn baby from an apartment five years ago was fined RM10,000 by the High Court here Friday (Aug 8).

M. Santhiea, 23, had served three months of jail from her arrest on July 10, 2020, to Sept 14, 2020 and then Dec 30, 2020 to Jan 15, 2021.

Judge Rofiah Mohamad, who delivered the verdict, said that Santhiea's interests and mental health, who was 18 at the time, took precedence over public interest in the case.

In handing down the decision, Rofiah said she was taking into consideration the social report submitted by the Welfare Department.

"While under Section 309A of the Penal Code, (for infanticide) is punishable by up to 20 years in prison and a fine upon conviction, she (Santhiea) has a major depressive disorder and manic stress.

"The incident happened when she was in a panic state, it was a spontaneous reaction and an unconscious decision.

"People can do this when faced with fear," she said when delivering her decision at the High Court in George Town on Friday (Aug 8).

Rofiah said since the incident, Santhiea has needed to be on medication for her stress and disorder, is unstable and had monthly visits to a psychiatrist at the Penang Hospital.

"We witnessed this in court when she became emotional when shown photos of her child and the court had to adjourn until she calmed down.

"She has been living in hell and haunted by actions that she did when she was young.

"It has affected her entire family who have been ostracised by society," she said.

Rofiah said in this instance the sentencing should be rehabilitative rather than punitive.

"She can continue her psychiatric treatment and start her life over with the support of her family.

"We do not want her to harm herself or take her life," she said.

Rofiah said Santhiea had served months of jail when arrested and that would be taken as her sentencing.

She then fined Santhiea RM10,000 in default of five months jail.

Santhiea was represented by RSN Rayer, while Deputy Public Prosecutor Nurul Khairiah Dahalaan prosecuted.

In May 2025, the accused pleaded guilty at the High Court here to an alternative charge of throwing her baby out of the window of her apartment building.

She was 18 at the time and had just given birth.

The alternative charge was framed under Section 309A of the Penal Code, which considers the mental disturbance of women who have recently given birth.

 

 

 

 

 

 

 

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