KLANG: A nursery teacher was fined RM800 and sentenced to seven days' imprisonment in default after pleading guilty at the Magistrate's Court on Monday (Sept 7) to a charge of causing hurt to a seven-year-old autistic boy last month.
Magistrate Siti Zubaidah Mahat imposed the sentence on Lenah Abdul, 43, after taking into account the accused's guilty plea, as well as submissions from the prosecution and defence.
The mother of five was accused of intentionally causing hurt to the autistic child at approximately 10am on Aug 28, at a special education centre for children with special needs along Jalan Bendahara, Taman Sentosa.
The offence was alleged to have been committed when the accused was seriously and suddenly provoked, without any intention of causing hurt to any person.
She was charged under Section 334 of the Penal Code, which provides for imprisonment of up to one month, or a fine not exceeding RM1,000, or both, upon conviction.
According to the facts of the case, the complainant, the father of the autistic child, discovered bruises on the victim's left thigh, stomach, arm and cheek, believed to have been caused by hitting and pinching. He subsequently informed the boy’s mother, who then contacted the nursery.
The nursery informed her that the victim had been uncontrollable on the day of the incident, causing the teacher on duty to lose her patience and strike the child using a clothes hanger. The victim’s father then lodged a police report.
Earlier, the accused’s lawyer, Adam Rosli, appealed for a lenient sentence on the grounds that his client has five school-going children, including one with autism who is registered as a person with disabilities.
He added that she earns only RM1,700 per month and has expressed remorse for her actions.
He submitted that the incident occurred while the accused was facing a difficult situation, as the victim was said to have repeatedly soiled his diaper and smeared faeces on the walls.
Additionally, on the day in question, he said that there were seven other active children under his client's care, which caused the situation to become unmanageable.
However, deputy public prosecutor Mohammad Uzzair Rosman urged the court to impose a commensurate sentence as a deterrent, considering that the accused was a teacher and caregiver entrusted with the responsibility of looking after the autistic child at the centre.
He submitted that the accused's failure to control her emotions had resulted in injuries to the victim, and that the offence involved a matter of public interest.- Bernama
