GEORGE TOWN: A woman who caused the death of her newborn by throwing the infant from an apartment was fined RM10,000 after the court took into account her mental health condition.
High Court judge Justice Rofiah Mohamad said that M. Santhiea, who was 18 when the incident occurred and is now 23, deserved a second chance, given her ongoing struggle with mental illness.
“The incident happened when she was in a state of panic. It was a spontaneous reaction and an unconscious decision.
“People can act this way when overwhelmed by fear,” Justice Rofiah said in delivering her judgement yesterday.
On May 29, Santhiea pleaded guilty to an alternative charge of infanticide under Section 309A of the Penal Code, which applies when a mother causes the death of her newborn while suffering from a disturbed state of mind post-childbirth.
The charge carries a maximum sentence of 20 years in prison and a fine.
Justice Rofiah noted that Santhiea had already served two periods in custody, from July 10 to Sept 14, 2020, and again from Dec 30, 2020, to Jan 15, 2021, which the court took into consideration as part of her sentence.
The judge referred to a report from the Social Welfare Department (JKM), which described Santhiea’s ongoing psychiatric treatment and fragile emotional state.
Timur Laut district JKM officer Mohd Zahir Harun, who read out the report in court, recommended against a custodial sentence due to Santhiea’s suicidal tendencies.
“This is her first offence, and she deeply regrets her actions. Sending her to prison could worsen her mental condition,” he said.
Justice Rofiah also said that Santhiea has been on medication and requires monthly psychiatric follow-ups at Penang Hospital.
“Her depressive symptoms were evident during the last proceeding, where she appeared anxious, shook uncontrollably and became unstable when shown photos and exhibits related to the baby and the incident.
“Although she has been out on bail, her life over the past five years has been a living hell.
“Her family has also suffered, having been ostracised by society. That itself is a punishment,” said Justice Rofiah.
Concluding that a rehabilitative sentence was appropriate, Justice Rofiah imposed a fine of RM10,000 in default five months’ imprisonment.
Santhiea’s family paid the fine.
During the proceedings, Santhiea appeared composed but was seen wiping away tears while seated in the public gallery.
Her lawyer, RSN Rayer, confirmed that she understood the verdict.
Santhiea was initially charged with murder under Section 302 of the Penal Code.
The incident occurred on July 10, 2020, at the Sri Ivory Apartment in Air Itam.
The newborn baby girl was found dead at the driveway leading to the fourth-floor parking lot, believed to have been thrown from the 13th floor at about 8.25am.
