JOHOR BARU – The sessions court here today gave a discharge not amounting to an acquittal to a married couple on a charge of negligence that likely caused physical injury to the woman’s 4-year-old son.
Judge Datuk Ahmad Kamal Arifin Ismail said the decision was made after finding duplicity in the amended charge presented by the prosecution today against the biological mother of the child and the man who is the stepfather.
On May 3, the couple, both aged 23, pleaded guilty to a charge of jointly intending to mistreat the child in their care in a manner likely to cause him physical injury.
The court fixed today for sentencing; however, the prosecution amended the charge.
According to the charge sheet, both accused were charged with the common intent of acting negligently towards the child in their care in a manner likely to cause him physical injury.
The couple was accused of carrying out the offence at an apartment at Jalan Aman, Taman Skudai Baru, near here, at 12.30am on April 28.
The charge was made in accordance with Section 31(1)(a) of the Child Act 2001 read together with Section 34 of the Penal Code, which provides for a fine of up to RM50,000 or a maximum of 20 years in prison, or both.
Both the accused had changed their pleas to not guilty after the amended charge was read out to them.
The prosecution is expected to re-charge the two accused. – Bernama, June 7, 2023
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