SHAH ALAM, Sept 28 — The High Court has dismissed Ismanira Abdul Manaf's appeal to set aside her conviction and five-year jail sentence for neglecting her six-year-old son, Zayn Rayyan Abdul Matiin, causing him physical injury three years ago.
Judge Noor Hisham Ismail's decision today means the 31-year-old remains behind bars for five years, as sentenced by the Petaling Jaya Sessions Court last year.
"After reviewing the appeal records, including the Sessions Court judge’s grounds of judgment and written and oral submissions of both parties, this court is satisfied in finding that the Sessions Court judge made no error of fact or law in her decision," he said when reading out the brief judgment.
Judge Hisham added that the charge clearly set out every element of the offence under Section 31(1)(a) of the Child Act 2001, and the manner of neglect was also particularised, such that the accused could not possibly have been misled, meaning there was no miscarriage of justice.
"The word 'neglect' means the omission by a person having care of a child to provide the attention, supervision or care required by the child's circumstances.
"The standard of care is measured against the child's age, abilities and needs, as well as the child's environment. It is distinct from the branch of 'acting negligently', which refers to a positive act," he said.
Separately, the court also dismissed the prosecution's cross-appeal against the five-year jail sentence imposed by the Petaling Jaya Sessions Court judge, holding that the sentence handed to Ismanira was adequate.
"An appellate court will only intervene if the sentence is manifestly inadequate or manifestly excessive, or if there has been an error of principle. The consequences of an offence may be considered in sentencing.
"However, the accused was sentenced for her own neglect, not for the criminal act of a third party. Therefore, the five-year jail sentence imposed by the Sessions Court judge was neither inadequate nor manifestly excessive," Judge Hisham said in proceedings, attended by Ismanira’s lawyers Haresh Mahadevan, Lavanesh Haresh, and Tiara Katirina Fuad.
Deputy Public Prosecutors Ahmad Iqbal Azman, Kamarul Iman Ahmad Sapian, and Raja Zaizul Faridah Raja Zaharudin appeared for the prosecution.
In the petition of appeal, the defence argued that the Sessions Court judge had erred in concluding that the injuries sustained after Zayn went missing were caused by the appellant's act of allowing the autistic child to walk behind her.
The defence further argued that the court erred in relying on the investigating officer's conclusion that Ismanira's conduct was a form of neglect.
Meanwhile, the prosecution argued that the conviction and five-year jail sentence against Ismanira were justified, but sought a higher, deterrent sentence.
It stated that a heavier sentence is necessary to deter similar offences, particularly those involving individuals close to, or responsible for, the victim's care.
On October 31, 2025, Petaling Jaya Sessions Court Judge Syaliza Warnoh sentenced Ismanira to five years in jail after finding that the defence failed to raise reasonable doubt and that the prosecution succeeded in establishing a case beyond reasonable doubt against Ismanira at the close of the defence.
On December 23, the High Court dismissed her application to stay the execution of the sentence imposed for the offence of neglecting Zayn.
Judge Datuk Aslam Zainuddin found no special circumstances to grant a stay of sentence pending appeal.
The accused was also ordered to perform 120 hours of community service, to be completed within six months after the end of her jail sentence.
Ismanira was charged under Section 31(1)(a) of the Child Act 2001, which carries a maximum penalty of 20 years' imprisonment, a fine, or both upon conviction.
