THE High Court in Penang has sentenced a 23-year-old woman to three months in prison and fined her RM10,000 after she pleaded guilty to the lesser charge of infanticide involving the death of her newborn daughter five years ago.
M. Santhiea, who was 18 at the time of the incident, had initially faced a charge of murder in 2020. However, the prosecution later offered an alternative charge under Section 309A of the Penal Code, taking into account her mental health condition following childbirth and witness testimonies.
The court ordered that the prison sentence be calculated from the dates of her prior remand: 10 July to 14 September 2020, and 30 December 2020 to 15 January 2021.
High Court Judge Rofiah Mohamad, in delivering the sentence on Friday, also imposed a RM10,000 fine, with a further five-month imprisonment if the fine is not paid.
"The accused is sentenced to imprisonment calculated from the date of her arrest, namely from 10 July 2020 to 14 September 2020 and from 30 December 2020 to 15 January 2021,” said Rofiah.
"Based on the accused's full and unconditional admission to the alternative charge and the facts of the case, the court finds her guilty and convicts her accordingly."
The court was presented with an additional social report prepared by Mohd Zahir Harun, a probation officer from the Northeast District Social Welfare Department, which highlighted Santhiea’s ongoing psychological challenges.
"The court did not recommend a custodial sentence, and finds it more appropriate that the accused resides with her family for the sake of her mental health,” said the judge.
“Furthermore, the report states that the accused had suicidal intentions on the day of the incident. Therefore, if she were to serve additional prison time, the risk of suicide would be extremely high.
“In addition, she requires daily medication and is under psychiatric follow-up care due to severe depression and trauma.”
Rofiah added that the court also took into account the defence’s submission that the incident had affected not only the accused but also her family.
“The remorse and suffering endured by the accused during the five years she was out on bail constitutes a punishment in itself, resulting in trauma, mental distress, and major depressive disorder.
“This has been medically confirmed by Hospital Bahagia Ulu Kinta in Perak. She remains under treatment and continues to take medication.
“Her family has also been subjected to slander and societal stigma, living under conditions akin to ‘living in hell’.”
In light of these circumstances, the judge said the court opted for a rehabilitative rather than punitive sentence.
The case was prosecuted by Deputy Public Prosecutor Nurul Khairiah Dahalaan, while the accused was represented by lawyer RSN Rayer.
It is understood that the fine has already been paid by the accused’s family.
Previously, Santhiea pleaded guilty before the Penang High Court to the lesser charge of infanticide, after she was found to have thrown her newborn daughter from a flat window on 10 July 2020.
She was receiving treatment at Penang Hospital’s maternity ward at the time due to severe blood loss and complications from childbirth.
Santhiea had been held in remand for four months without bail before the Court of Appeal later granted her bail with strict conditions, including a RM90,000 bond, a 12-hour home curfew and a ban on leaving the state.
Under Section 309A of the Penal Code, a woman found guilty of infanticide may be sentenced to up to 20 years’ imprisonment and a fine, if the death of her newborn is caused while suffering from mental disturbance resulting from childbirth. - August 8, 2025
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