
Judge Syahliza Warnoh imposed the sentence on Ismanira Abdul Manaf, 30, after hearing submissions from her counsel and the prosecution.
The judge rejected Ismanira’s application for a stay of execution of the sentence, ruling there were no special circumstances warranting it.
There was a brief commotion in the courtroom after the stay was rejected as Ismanira’s husband, Zaim Ikhwan Zahari, shouted at the prosecution: “May God curse you all.”
His father then hugged him to try and calm him down.
Ismanira was ordered to sign a two-year good behaviour bond with one surety and a security deposit of RM3,000.
She was also ordered to undergo 120 hours of community service, which must be completed within six months of her release from prison.
Earlier, Syahliza ruled that the prosecution had proven its case against Ismanira beyond a reasonable doubt.
In her broad grounds of judgment, the judge said the court was not bound by the definitions and interpretations of other organisations when it came to defining neglect.
Whether the offence took place is determined by the facts and testimonies presented in a case, she said.
Syahliza said child psychologist Dr Noor Aishah Rosli’s testimony on Zayn’s behaviour was merely an inconclusive opinion as her evaluation was purely based on information given to her by Ismanira.
She also said Ismanira’s defence that Zayn had a “rigid routine” of always walking behind her had contradicted her own testimony and that of defence witnesses.
“The court finds that it was not a rigid and unchangeable routine of the deceased to walk behind the accused,” she said.
Syahliza also said the act of allowing the boy to walk behind her without sufficient supervision had led to his disappearance and then his death.
The charge of child neglect under Section 31(1)(a) of the Child Act 2001 carries a penalty of up to 20 years’ imprisonment, a maximum fine of RM50,000 or both upon conviction.
Ismanira and Zaim, 30, were charged last year with neglecting their son in a manner likely to cause him physical harm.
The offence took place at PJU Damansara Damai between noon on Dec 5, 2023, when Zayn was reported missing, and 9.55pm the next day, when his body was found in a stream near his home at Apartment Idaman, Damansara Damai.
Zaim was acquitted in July after the prosecution failed to establish a prima facie case against him.