PUTRAJAYA, Aug 11 — A man who appealed for a shorter prison sentence for causing the death of his two-month-old daughter instead had his sentence increased to the maximum 30 years by the Court of Appeal today.
Justice Datuk Hayatul Akmal Abdul Aziz, who delivered the decision of a three-member bench, said although the prosecution had not cross-appealed against the sentence, the court had the discretionary power under Section 60 of the Courts of Judicature Act 1964 (CJA) to enhance Muhammad Daniel Iman Mohd Sharif’s sentence.
Also on the bench were Justices Datuk Azman Abdullah and K. Muniandy.
She said the 16-year prison sentence imposed by the Shah Alam High Court did not reflect the seriousness of the offence and the violence involved.
The court set aside the 16-year prison sentence and substituted it with the maximum 30-year sentence under Section 304 (a) of the Penal Code, to run from the date of arrest on August 1, 2022.
In delivering the court’s decision, Justice Hayatul said the court had taken into consideration that the deceased was a two-month-old infant who was helpless and dependent on her parents for protection.
“Unfortunately, in the present case, the infant was instead subjected to abuse (aniaya). It was not a one-off incident but rather repeated acts that were inhumane,” she said.
On July 30, 2022, the infant’s mother heard her crying from the living room, where the appellant was also present.
Justice Hayatul said the appellant took the infant from a cushion which was on the floor and slammed her down, causing her to cry, adding that the following day, the appellant yanked the infant’s hand, pressed on her stomach, and slammed her onto the cushion again, causing her head to hit the corner of a table, resulting in head injuries.
The post-mortem report confirmed that the infant died from blunt trauma to the head.
She noted that the appellant’s argument that the High Court had failed to take into consideration his young age was not commensurate with the violent nature of his conduct.
Instead, the 30-year prison sentence would give the appellant time and opportunity to reflect on his cruel actions, reform himself, and become a better person, while also serving as a warning to the appellant and society at large.
Earlier, the accused's counsel K.A. Ramu appealed for a lighter prison sentence, asking the court to consider that he was 21 years old at the time of the offence.
He said that Daniel, 25, was initially charged with murder, but the prosecution accepted his representation to reduce the charge under Section 304 (a) of the Penal Code, to which he pleaded guilty.
Deputy Public Prosecutor P. Sarulatha told the court that although there was no cross-appeal by the prosecution against the sentence, the court could still increase the sentence under Section 60 of the CJA.
Earlier in May, the Shah Alam High Court had sentenced Daniel to 16 years in prison after he pleaded guilty to causing the death of his infant daughter at his home in Bandar Tasik Puteri, Rawang, between July 30 and July 31, 2022.
He has one final avenue of appeal with the Federal Court.
