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Ex-Supermarket Worker’s Jail Term Raised To 20 Years For Causing Boy’s Death

Kuala lumpur: The Court of Appeal today increased a former supermarket worker's jail sentence from eight years to 20 years for causing the death of a two-year-old Indonesian boy under his care in 2021. A three-member bench comprising Justices Datuk Noorin Badaruddin, Datuk Hayatul Akmal Abdul Aziz, and Datuk Meor Hashim Abdul Hamid allowed the prosecution's appeal to enhance the sentence.

According to BERNAMA News Agency, Justice Noorin stated that the eight-year prison sentence imposed on Mohd Noor Ab Manap by the High Court was inadequate, as it failed to sufficiently reflect several material circumstances. These included the fact that the deceased was a very young and helpless child and that he was under the care and responsibility of Mohd Noor.

Justice Noorin explained that the 20-year imprisonment sentence struck the appropriate balance between Mohd Noor's interest as an offender and those of the victim and society. The court ordered Mohd Noor, 36, to serve the sentence from November 11, 2021, the date of his arrest.

Justice Noorin noted that the boy had been entrusted to Mohd Noor and his wife in return for a monthly payment of RM250. She emphasized that a child placed in the care of an adult is entitled to expect protection and care from the person entrusted with his or her well-being. In this case, the trust was breached with the tragic consequence of the child's death.

She further stated that while Mohd Noor may have been under financial difficulty and stress, these factors could not be given significant weight, as no amount of pressure justified taking out his anger on a young and vulnerable child. Justice Noorin added that Mohd Noor had other options available, including seeking assistance or returning the deceased to his original guardian.

Initially charged with the boy's murder, Mohd Noor's charge was reduced to culpable homicide not amounting to murder following his representation. He subsequently pleaded guilty and was sentenced to eight years in jail by the High Court. The father-of-four committed the offence at a house in Kampung Janglau, Rompin, Pahang at 2 am on November 11, 2021.

Facts of the case revealed that after the boy's mother passed away, he lived with Mohd Noor's brother-in-law and his wife. When the brother-in-law was offered employment in Johor, he entrusted the child to his sister and Mohd Noor. A forensic medical specialist confirmed that the boy died from a torn mesentery, the tissue that holds the intestines in place, caused by a blow to the abdomen.

Deputy public prosecutor Solehah Noratikah Ismail appeared for the prosecution, while lawyers Aida Rahayu Abdul Rahman and Amara Abu represented Mohd Noor.

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