Kuala lumpur: A man who appealed for a shorter prison sentence for causing the death of his two-month-old daughter instead had his sentence increased to the maximum 30 years by the Court of Appeal here today. Justice Datuk Hayatul Akmal Abdul Aziz, who delivered the decision of a three-member bench, stated that despite the prosecution not having cross-appealed against the sentence, the court had the discretionary power under Section 60 of the Courts of Judicature Act 1964 (CJA) to enhance Muhammad Daniel Iman Mohd Sharif's sentence. Also on the bench were Justices Datuk Azman Abdullah and K. Muniandy.

According to BERNAMA News Agency, Justice Hayatul emphasized that the 16-year prison sentence imposed by the Shah Alam High Court did not reflect the seriousness of the offence and the violence involved. The court set aside the 16-year prison sentence and substituted it with the maximum 30-year sentence under Section 304(a) of the Penal Code, to run from the date of arrest on August 1, 2022.

Justice Hayatul highlighted that the court considered the vulnerability of the deceased, who was a two-month-old infant helplessly dependent on her parents for protection. She pointed out that the infant was subjected to abuse, which was not a one-time incident but involved repeated acts deemed inhumane. On July 30, 2022, the infant's mother heard her crying from the living room, where the appellant was present. The appellant took the infant from a cushion on the floor and slammed her down, causing her to cry. The following day, he yanked the infant's hand, pressed her stomach, and slammed her onto the cushion again, leading to her head hitting the corner of a table, which resulted in head injuries. The post-mortem report confirmed that the infant died from blunt trauma to the head.

Justice Hayatul dismissed the appellant's argument that the High Court had failed to consider his young age, stating it was not commensurate with the violent nature of his conduct. She asserted that the 30-year prison sentence would provide the appellant with time and opportunity to reflect on his actions, reform himself, and serve as a warning to both him and society at large.

Earlier, Muhammad Daniel, through his counsel K.A. Ramu, had appealed for a shorter prison sentence, requesting the court to consider that he was 21 years old at the time of the offence. He was initially charged with murder, but the prosecution accepted his representation to reduce the charge under Section 304(a) of the Penal Code, to which he pleaded guilty.

Deputy Public Prosecutor P. Sarulatha informed the court that despite no cross-appeal by the prosecution against the sentence, the court could still increase the sentence under Section 60 of the CJA. The Shah Alam High Court in May had sentenced Muhammad Daniel to 16 years in prison after he pleaded guilty to causing the death of his infant daughter at his home in Bandar Tasik Puteri, Rawang, between July 30 and 31, 2022. He has one final avenue of appeal with the Federal Court.