Appeal backfires as man’s sentence for causing two-month-old daughter’s death raised to 30 years

On August 11, the Court of Appeal in Putrajaya increased a man's sentence for the death of his two-month-old daughter from 16 to 30 years. Justice Datuk Hayatul Akmal Abdul Aziz, leading a three-judge panel, stated that the original 16-year sentence did not adequately reflect the severity of the offense and the violence used. The court upheld the maximum 30-year sentence under Section 304(a) of the Penal Code, which began from the date of arrest on August 1, 2022.

The Court of Appeal considered the victim to be a helpless infant dependent on her parents, who was instead subjected to repeated acts of abuse. Justice Hayatul highlighted that the infant was slammed down, had her hand yanked, her stomach pressed, and her head struck a table corner, leading to fatal head injuries. Muhammad Daniel Iman Mohd Sharif, the defendant, argued that his youth should be considered, but this was deemed irrelevant to the violent nature of his actions.

He had initially been charged with murder but pleaded guilty to causing the death of the infant under Section 304(a) of the Penal Code. The deputy public prosecutor, P. Sarulatha, informed the court that despite no cross-appeal by the prosecution, the court still had the discretion to increase the sentence under Section 60 of the Courts of Judicature Act 1964.

The Shah Alam High Court had previously sentenced Muhammad Daniel to 16 years in prison after he pleaded guilty to the offense. He still has the option to appeal to the Federal Court.