PETALING JAYA: A babysitter who abused a three-month child was fined RM3,500 and placed on good behaviour bond for a year.
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Sessions Court judge Hilmiah Yusof ordered Sarimah Mat Hashim to undergo 40 hours of community service within six months after she pleaded guilty to committing the offence last May.
Sarimah, 50, a mother of two, was also spared placing a sum of money in court but had to get a bailor.
Hilmiah said the non-custodial sentence was meted out based on the facts of the case and because the accused pleaded guilty.
Sarimah, who committed the offence at an apartment in Damansara Damai here on May 29, was facing a jail term of up to 20 years or a maximum fine of RM50,000 or both.
Her lawyer Gabriel Susayan said the Child Act allowed the court to order the accused to perform community service provided the offender pleaded guilty.
In mitigation, Gabriel said Sarimah should be spared a jail term as she was a first offender. He said the accused had often requested, even begged, to take care of children of families that lived in the apartment building.
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“She has been taking care of children for over 18 years and no such incident ever occurred,” he added.
In the incident, he said the baby’s mother had asked Sarimah to take care of the baby for two days although the accused had declined. There were other children under her care on that day.
At about 2pm, while Sarimah was bathing the baby, the child jumped out of her grip. However, Sarimah managed to grab the child and continued with the task.
Sarimah also notified the mother of the incident and about a small red bruise on the child’s chest. However, nine hours after the child was picked up by her parents, a police report was lodged.
Gabriel, who was assisted by Mahajoth Singh and Manpreet Kaur, said the baby did not suffer any serious injuries.
“Based on the circumstances of this case, we urge this court to temper justice with mercy and impose a nominal fine,” he said.
DPP Ahmad Suhaimi Muhammad Amin said public interest would be better served if a deterrent sentence was imposed. -FMT