SEREMBAN: A 38-year-old van driver who pleaded guilty to an amended charge of neglecting a nine-year-old autistic child by leaving her in his vehicle for almost three hours, which eventually led to her death, was ordered by the Sessions Court to serve two months in jail.
Judge Surita Budin ordered Mohd Nazree Uzir to also perform 120 hours of community service within six months after serving his jail sentence and to deposit a RM2,000 good behaviour bond.
The accused was charged with committing the offence between 2.45pm and 5.30pm on Oct 12, 2021 in a van in front of a house in Bandar Sri Sendayan.
He was charged under Section 31(1)(a) of the Child Act 2001, which criminalises the abuse, neglect, abandonment, or exposure of a child.
Offenders can be jailed not more than 20 years or fined not more than RM50,000 or both, or to pay a good behaviour bond for a duration to be set by the court or do community service.
The accused was charged with being negligent as he had left the victim in the van under the sun when he was supposed to have sent her to the childcare centre.
In mitigation, lawyer Roslaili Alias said the accused and his wife provided childcare services and the victim had also been under their care.
She said the couple had been looking after the victim since she was six and her parents had never once made any complaint.
"The accused and his wife loved the victim very much and they also had a very good relationship with her family," she said.
Roslaili also asked for a light sentence as the accused was a first offender and had saved the court's time and cost of a lengthy trial by pleading guilty.
She said the accused had three children of his own, with the oldest being autistic.
He also took care of his sickly father-in-law who was a heart patient and needed regular treatment.
She said apart from helping transport the children, the accused worked as an electrician, earning between RM1,500 and RM2,000 a month.
Deputy Public Prosecutor Norazihah Asmuni asked the court to impose a sentence which commensurate with the crime.
She said public interest superseded the interest of the accused and the court had to take into account that the accused had been negligent in leaving the child in the van.
