This article reports on the sentencing of a 31-year-old man, Muhammad Salihin Ismail, to life imprisonment and 12 strokes of the cane for murdering his four-year-old stepdaughter, Nursabrina Agustiani Abdullah. In 2022, Salihin was acquitted of murder by the High Court but convicted of voluntarily causing grievous hurt and sentenced to nine years in prison and 12 strokes of the cane. However, the prosecution appealed the decision, arguing that he should be convicted of murder. The Court of Appeal allowed the appeal and sentenced Salihin to life imprisonment and caning.
The Straits Times reported that the incident occurred in September 2018 when Salihin and his wife were trying to toilet-train Nursabrina for school. Salihin became angry when he found urine on the floor outside the toilet and kicked Nursabrina twice in the stomach, causing her to vomit throughout the night. He did not seek medical help and only called an ambulance the next morning when Nursabrina became unconscious. She was pronounced dead at Ng Teck Fong General Hospital.
During the trial, Salihin admitted to kicking Nursabrina but claimed that her fatal injuries could have been due to other causes. However, the prosecution argued that it was irrelevant whether Salihin intended to hit a specific part of Nursabrina’s abdomen, as his intention to kick her in the stomach to teach her a lesson was clear. The defence also accepted that the force Salihin used to kick her was sufficient to cause death.
The Court of Appeal, comprising of Chief Justice Sundaresh Menon and Justices Tay Yong Kwang and Debbie Ong, found that the High Court judge had erred in understanding and applying the law. The prosecution is not required to show that the accused intended to cause the medical consequences of his actions, only that he intended to commit the act.
This case highlights the serious consequences of using violence against children and the importance of seeking medical help when necessary. It also underscores the importance of the legal system in ensuring justice for victims and their families