Court of Appeal Increases Ex-Supermarket Worker’s Jail Term to 20 Years for Child’s Death

PUTRAJAYA, Sept 14 — 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.

Delivering the judgment, Justice Noorin stated that the initial eight-year sentence imposed on 36-year-old Mohd Noor Ab Manap by the High Court was manifestly inadequate and failed to reflect the gravity and material circumstances of the offense, particularly the victim’s extreme youth and vulnerability while under the respondent’s care.

“In the present case, the trust was breached with the most tragic consequence, the loss of the deceased’s life,” Justice Noorin said, emphasizing that a child entrusted to an adult is entitled to expect protection and care.

The court noted that while Mohd Noor may have faced financial difficulties and stress, such factors could not justify taking out anger on a helpless child. Justice Noorin added that the respondent had other options available, including seeking assistance or returning the child to his original guardian.

The court ordered Mohd Noor to serve his 20-year sentence from Nov 11, 2021, the date of his arrest.

Mohd Noor was originally charged with murder, but following a representation, the prosecution reduced the charge to culpable homicide not amounting to murder, to which he pleaded guilty. The father-of-four committed the offense at a residence in Kampung Janglau, Rompin, Pahang, at 2:00 am on Nov 11, 2021.

Case facts revealed that following the death of the child’s mother, the boy was initially taken care of by Mohd Noor’s brother-in-law. When the brother-in-law secured employment in Johor, he entrusted the child to Mohd Noor and his wife in exchange for a monthly payment of RM250.

A forensic medical examination determined that the toddler died from a torn mesentery—the tissue holding the intestines in place—caused by a severe 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.

–NMT