
Judge Emelia Kaswati Khalid handed down the sentence on Azlinawaty Julaihi, 41, after she pleaded guilty to slapping the child several times until the child’s eyes were swollen and her right cheek was bruised in an incident at a nursery in Jalan Dato’ Senu here at 12.30pm on June 15.
The charge was framed under Section 31(1)(a) of the Child Act 2001, which carries a fine of not more than RM50,000 or maximum imprisonment of 20 years, or both, upon conviction.
The court also ordered the accused to serve five months in prison if she failed to pay the fine. The accused paid the fine.
Earlier, before handing down the sentence, Emelia said in her judgment that the court needed to hand down a punishment that would serve as a lesson to the accused and to other nursery operators against committing a similar offence.
Azlinawaty, who was not represented, appealed for leniency, saying she had no intention of harming the child and that she regretted her actions.
Deputy public prosecutor Noorhani Muhmmed Ayub, however, pressed for a just punishment to serve as a lesson and taking into account that the victim was only two years old.
According to the facts of the case, on the day of the incident, the victim’s mother found her child had bruises on both eyes, a red cheek, and swelling on the lips when she went to pick her up from the nursery.
The mother was told by Azlinawaty that the child had bumped into another child while playing, but she finally admitted to slapping the victim.
Police investigations later found that Azlinawaty had slapped the child several times because she spat her food out after being fed.
A medical examination confirmed that the injuries sustained by the victim were the result of being slapped.