KUALA LUMPUR, 22 Oct 2018:
A former babysitter blew out a sigh a relief after the high court here today set a side a six month imprisonment imposed on her by a lower court – for negligence which resulted in a nine-month old boy to be scalded on the face and body after hot soup fell on him.
The decision was made by judge Mohd Nazlan Mohd Ghazali in allowing an appeal by Siti Aishah Abu Bakar, 31 – to set aside the jail sentence handed down by sessions court judge Dr Gan Chee Keong on Jan 15.
“After studying the facts of the case, hearing the submissions and the guilty plea by the accused, the court finds that the jail sentence is not suitable because the accused only placed the soup on the table, where the victim was able to grab it.
“Therefore, the court decides to set aside the jail sentence, while the RM10,000 fine, one-year good behaviour bond and 200 hours of community service which have been meted out by the sessions court are upheld.”
Earlier, Siti Aishah’s lawyer Mohd Firdaus Mahmood, in his submission said what happened to the toddler was a domestic accident.
“The toddler’s parents did not make any police report against the accused. In fact, the accused continued to babysit the boy after the incident…it was my client herself who lodged the police report after the child was referred to a hospital.”
The prosecution, conducted by deputy public prosecutor Nur Hafizah Rajuni, said the jail sentence meted out on Siti Aishah was low as the law under which she was charged provided an imprisonment for up to 20 years upon conviction.
The sessions court had on Jan 15 this year sentenced Siti Aishah, who has a child, to six months’ jail and RM10,000 fine, in default three years jail, after she pleaded guilty to a charge under Section 31 (1) (a) of the Child Act 31.
She was also placed on a good behaviour bond for one year and required to do community service for 200 hours.
She paid the fine.
Siti Aishah was charged with negligence, causing the boy sustain 19 per cent scalding on his body and face when hot soup fell on him at her house in di Bandar Sri Permaisuri, Cheras here at 12.30pm on 9 Dec 2017.
– Bernama