A housewife escaped the gallows for killing her 22-month-old daughter 2 years ago after the High Court here found her to be of unsound mind when committing the offence.
Daphne Phang Mei Kei, 28, clad in a pink jacket over an orange shirt and jeans, was all smiles and even shook hands with other accused at the courthouse here when Judicial Commissioner Siti Khadijah S. Hassan Badjenid issued her ruling.
Siti Khadijah ruled that the defence had failed to raise reasonable doubt against the prosecution's case, which held that the accused was responsible for her daughter's death.
However, Daphne was ordered to be sent to the Permai Psychiatric Hospital in Tampoi, Johor, at the pleasure of the Melaka Yang di-Pertua Negeri Tun Mohd Khalil Yaakob.
"Under Section 84 of the Penal Code, Daphne was (deemed) of unsound mind when committing the murder, and was incapable of knowing the nature of the act, or that what she was doing what either wrong or contrary to the law.
"Due to this, the court has ordered, under Section 348 (1) of the Criminal Procedure Code (safe custody of person acquitted), for Daphne to be placed under the safe custody of the Permai Hospital in Johor Baru.
"Daphne is to be confined to the psychiatric hospital at the pleasure of the Melaka Yang di-Pertua Negeri Tun Mohd Khalil Yaakob under Section 348 (2) of the Criminal Procedure Code," Siti Khadijah said.
Earlier, the atmosphere at the courthouse was tense, as Daphne's relatives anxiously awaited the sentencing hearing. Family members appeared calm and composed, and breathed a sigh of relief after the court's verdict.
On Aug 4, 2015, Daphne was charged at the Alor Gajah magistrate's court with killing her daughter, who was aged 1 year and 10 months. She was accused of murdering Evan Chee Xin Ci at 5.30pm on July 20, 2015 at her house at No. PS 2237, Jalan Padi Indah Utama, Taman Padi Indah, Pulau Sebang here.
She was charged under Section 302 of the Penal Code, which carries the mandatory death penalty upon conviction.
It was reported that Daphne, who was pregnant at the time, had tossed Evan in the air before knocking her head on the floor several times, as she was annoyed with her continuous crying for milk. Evan died later that day.
The case was initially classified as "sudden death." However, a post-mortem showed that the child had suffered 2 severe cracks on the rear of her skull, apart from fresh swelling on her forehead and nose.
Old injuries were also found on her body.
More than 25 prosecution and defence witnesses were called during the trial.
Deputy public prosecutor, Ifa Sirrhu Samsudin prosecuted, while lawyer Tiu Leong Kim represented Daphne.
It is understood that Daphne has 3 other children by her 35-year-old husband.
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"One is absolutely sickened, not by the crimes that the wicked have committed, but by the punishments that the good have inflicted." -- Oscar Wilde
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