Justice Aslam Zainuddin handed down the sentence on Lua Mei Zhu, effective from the date of her arrest on Feb 27, 2025.
Lua broke down in tears upon hearing the decision.
She had earlier pleaded guilty to an alternative charge of infanticide while suffering from a disturbed mental state following childbirth.
She committed the offence between 1.30pm and 9pm on Feb 26, 2025, and was charged under Section 309A of the Penal Code, which carries a maximum penalty of 20 years’ imprisonment and a fine, upon conviction.
According to the facts of the case, police received a report at about 10.20pm on Feb 26, 2025, from a man who discovered a baby with severe head injuries on the balcony of his ninth-floor unit.
Acting on the information, police went to a unit on the 38th floor, where they found the accused inside a room and subsequently arrested her.
Their investigation revealed that the baby died from multiple injuries sustained after falling from a height.
The accused had thrown the newborn out of a bathroom window shortly after giving birth, reportedly in a state of panic.
In mitigation, defence counsel Loke Kok Mun said his client regretted her action and had been remanded for one year and two months.
He said the incident stemmed from her immaturity in handling the situation.
Although she knew she was pregnant out of wedlock in her final trimester, she did not seek medical care due to fear of social stigma.
“She was under emotional distress and afraid to inform her family, fearing shame as the baby’s father was of a different race and religion,” he said.
He said she had suffered prolonged depression after a breakup and had received psychiatric treatment for three months at Hospital Bahagia Ulu Kinta in Perak.
Deputy public prosecutor Mohamad Shahrizzat Amadan pressed for a heavy sentence, citing the gravity of the offence.
“A life has been lost. An innocent baby who never had the chance to live was thrown from a height.
“At the time, other family members were present in the house. The accused had other options, but tragically chose this course. I seek justice for the baby,” he said.