Latest news with #Rofiah
Sinar Daily
4 days ago
- Sinar Daily
Former private college student jailed three months, fined RM10,000 for infanticide
The 23-year-old woman to serve the jail sentence from the date of her arrest, taking into account the periods she had already been detained, from July 10 to Sept 14, 2020 and from Dec 30, 2020, to Jan 15, 2021. 08 Aug 2025 03:40pm A former private college student was sentenced by the High Court today to three months' imprisonment and fined RM10,000, in default five months in jail, after pleading guilty to an alternative charge of infanticide. GEORGE TOWN - A former private college student was sentenced by the High Court here today to three months' imprisonment and fined RM10,000, in default five months in jail, after pleading guilty to an alternative charge of infanticide. Judge Rofiah Mohamad ordered the 23-year-old woman to serve the jail sentence from the date of her arrest, taking into account the periods she had already been detained, from July 10 to Sept 14, 2020, and from Dec 30, 2020, to Jan 15, 2021. In her judgment, Rofiah said she considered the remorse and suffering endured by the woman during the five years she had been on bail, which she described as severe enough to cause trauma and mental distress to both the accused and her family, likening their experience to "living in hell.' She said the court also took into account the public interest and her guilty plea as well as her mental health, where a psychiatric evaluation by Hospital Bahagia Ulu Kinta, Perak, confirmed she suffered from severe depression (Major Depressive Disorder) and continues to require treatment and medication. "Based on these circumstances, the court has opted for a sentence that is more restorative than punitive. On the day of the incident, the accused had actually intended to take her own life after giving birth,' said the judge. At the time of the offence, the accused was 18 years old and initially charged under Section 302 of the Penal Code with murdering her baby by causing her death on a pathway leading to the parking area on the fourth floor of the Sri Ivory Apartment, Bandar Baru Ayer Itam, at about 8.25 am on July 10, 2020. The offence carries the death penalty upon conviction. She was charged while receiving treatment in the maternity ward of Penang Hospital for severe blood loss and complications following childbirth. However, the prosecution later offered an alternative charge after considering her mental state and witness testimonies. Under Section 309A of the Penal Code, a woman who causes the death of her newborn while suffering from mental disturbances due to not fully recovering from childbirth may be convicted of infanticide, which carries a maximum sentence of 20 years' imprisonment and a fine upon conviction. The prosecution was led by Deputy Public Prosecutor Nurul Khairiah Dahalaan, while the accused was represented by lawyer RSN Rayer. The proceedings were also attended by Southeast District Social Welfare Department Community Service Command Officer Mohd Zahir Harun. - BERNAMA More Like This
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New Straits Times
4 days ago
- New Straits Times
[UPDATED] Ex-college student jailed three months, fined RM10k for infanticide
GEORGE TOWN: The High Court here today sentenced a former college student to three months' jail from the date of her arrest after she pleaded guilty to an alternative charge of infanticide in May this year. Judge Rofiah Mohamad also fined M. Santhiea, now 23, RM10,000, in default of five months' jail. The three-month jail term covered the periods between July 10 and Sept 14, 2020, and Dec 30, 2020, to Jan 15, 2021. In handing down the sentence, Rofiah said giving Santhiea a second chance at life fulfilled the principle of public interest rather than further imprisoning her. She said the court heard how Santhiea had suffered from major depressive disorder after the incident and had shown a tendency to end her life on the day it happened. She said that strong family support and regular psychiatric treatment had helped her cope with the situation. Rofiah said the depressive symptoms experienced by Santhiea were evident during the last proceeding, where she was anxious, shaking uncontrollably and unstable when shown photos and exhibits of the incident. "Although she has been out on bail, for the last five years, as said by her defence counsel, her life had been a living hell. "The suffering was not only for her to bear but for her family members as well, who had been ostracised by society. That itself is already a punishment. "The court is of the view that a rehabilitative sentence is better than a punitive one. Giving her a second chance at life will provide her with the opportunity to start anew with the continuous support of her family and to contribute to society. "That fulfils the principle of public interest rather than further imprisoning her, where she may have the tendency to end her life," she said. Santhiea was composed throughout today's proceedings, although she was seen wiping her tears earlier in the public gallery. Her counsel, RSN Rayer, immediately approached her when the sentence was handed down and told the court that she understood the sentence. Earlier, the Welfare Department's Mohd Zahir Harun, when reading the social behaviour report in court, said imprisonment was not recommended for Santhiea due to her tendency to take her own life. "This is her first offence and she highly regretted her actions," he added. On July 16, 2020, Santhiea had been charged with the murder of her newborn at the driveway leading to the fourth-floor parking lot of Sri Ivory Apartment in Air Itam at about 8.25am on July 10 that year. She was charged under Section 302 of the Penal Code, which carries the mandatory death penalty upon conviction. She was only 18 at the time. It was reported then that the newborn was thrown from the 13th floor of the apartment unit. The teen mother and her 18-year-old boyfriend, with whom she admitted having had sexual intercourse, were detained soon after the incident to assist in investigations. On May 29 this year, she pleaded guilty to an alternative charge of infanticide. The charge was framed under Section 309A of the Penal Code, which states that a woman commits infanticide when she causes her newborn's death while suffering from a disturbed state of mind, having not fully recovered from childbirth. The offence is punishable by up to 20 years' imprisonment and a fine upon conviction. Deputy public prosecutor Nurul Khairiah Dahalaan prosecuted. Santhiea's family paid the fine.
The Star
4 days ago
- The Star
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.
Free Malaysia Today
06-05-2025
- Free Malaysia Today
Anna Jenkins's death never got the criminal probe it deserved, says judge
The High Court in Penang on Monday upheld the open verdict recorded by the coroner in the death of Australian national Anna Jenkins, saying there was no conclusive evidence to classify her death as homicide. GEORGE TOWN : The police treated the disappearance of the late Anna Jenkins only as a missing persons case and failed to explore if she had been kidnapped or wrongfully detained, according to the High Court here. Justice Rofiah Mohamad, in her grounds supporting a coroner's open verdict, said investigators never pursued the case as a possible crime, despite obvious signs after Jenkins's remains were found in an unusual location with bone damage. 'The investigation was never treated as a criminal case involving kidnapping, wrongful detention, or any other criminal elements,' she said in her broad grounds of judgment on the case of the Australian grandmother, who went missing in 2017 during a holiday with her husband in Penang. The skeletal remains of the Parit Buntar-born Jenkins were found three years later at a bungalow construction site near the Penang Turf Club. In 2023, coroner Norsalha Hamzah ruled the cause of death could not be determined. The Jenkins family applied for a revision, asking the High Court to set aside the open verdict and rule it a homicide. Rofiah said the coroner's open verdict must stand for now, as there was insufficient evidence to classify the death as a homicide, but emphasised that the inquest had been 'premature' and called for a fresh investigation. She said she understood the family's frustration but stated that the law required more solid proof to classify it as murder. 'Until such an investigation is conducted, this court is not in a position to conclusively determine that the deceased's death was a homicide,' Rofiah added. She said the only evidence hinting at possible third-party involvement was the strange location of the remains and a bony defect not caused by animals. However, she added, these alone were not enough. 'Even if the inference is reasonable, it remains only a strong suspicion without further evidence. 'No matter how strong the basis for suspicion, under the law, it is still not a proven fact that can support a verdict,' she said, adding that concrete findings can only come from a 'serious and complete' probe. She said new investigations should be carried out in the interest of justice and that the prosecution still had the power to reopen the case as per Section 339(2) of the Criminal Procedure Code. Unlike Teoh Beng Hock and Adib Kassim's cases Rofiah also said Jenkins's case was different from those of Teoh Beng Hock and firefighter Adib Kassim, where homicide verdicts were issued based on clear forensic and circumstantial evidence. In Jenkins's case, such evidence did not exist, she said. Deputy public prosecutors Nordin Ismail and Lee Jun Kiong appeared for the government, while David Peter represented the deceased's family.
The Sun
28-04-2025
- The Sun
Penang High Court upholds coroner's open verdict in Australian's death case
PETALING JAYA: The Penang High Court has upheld the coroner's open verdict in the 2020 death of Australian Annapuranee Jenkins. Jenkins' remains were discovered on June 24, 2020, at a construction site near where she was last seen alive. According to New Straits Times, Judge Rofiah Mohamad stated that the court had no grounds to overturn the coroner's court decision, as it was based on the evidence presented. She emphasised that Gregory Steven Jenkins, the deceased's son, had requested in May 2023 for the court to revise the verdict to align with Australian authorities' conclusion, which noted signs of blunt force trauma on his mother's left side. However, Judge Rofiah noted that the deputy public prosecutor could instruct further investigation into Jenkins' cause of death under the Criminal Procedure Code. 'The site where Annapuranee's bone fragments were found suggests the potential involvement of a third party. 'We will leave it to the prosecutor to decide on further investigation into the cause of death,' she said. The coroner's court had been unable to determine the cause of death in May 2023 and issued an open verdict. Judge Rofiah explained that while Gregory had sought a homicide ruling, there was insufficient evidence to make such a determination. 'While the distance where the deceased was last seen and where the remains were found raised the possibility of third-party involvement, this remains speculative and was not proven. No criminal investigation was conducted.' As a result, the court upheld the open verdict.
