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High Court rejects Ismanira’s appeal, five‑year jail for neglect in Zayn Rayyan case upheld

SHAH ALAM, Sept 28 — The High Court here today dismissed Ismanira Abdul Manaf’s appeal to set aside her conviction and five-year jail sentence for neglecting her six-year-old...

Malay MailMalay Mail2026-09-28 14:06查看原文 ↗

高等法院驳回伊斯马尼拉的上诉，维持其在扎因·雷扬案中因疏忽罪被判处五年监禁的判决。

The High Court in Shah Alam has dismissed Ismanira Abdul Manaf's appeal to overturn her conviction and five-year jail sentence for neglecting her son, causing physical harm.

Judge Noor Hisham Ismail upheld the decision of the Sessions Court, finding no error of fact or law, and dismissed the prosecution's appeal for a harsher sentence, deeming the original punishment neither inadequate nor excessive.

The case focused on Ismanira's neglect under Section 31(1)(a) of the Child Act 2001, with the court ruling there was no miscarriage of justice or error by the Sessions Court.

Ismanira is required to complete 120 hours of community service post-incarceration.

SHAH ALAM, Sept 28 — The High Court here today dismissed Ismanira Abdul Manaf’s appeal to set aside her conviction and five-year jail sentence for neglecting her six-year-old son, Zayn Rayyan Abdul Matin, causing him physical injury three years ago.

The decision by Judge Noor Hisham Ismail means Ismanira, 31, remains behind bars for five years, as sentenced by the Petaling Jaya Sessions Court l ast year.

“After reviewing the appeal records, including the Sessions Court judge’s grounds of judgment and written and oral submissions of both parties, this court is satisfied in finding that the Sessions Court judge made no error of fact or law in her decision,” he said when reading out the brief judgment.

He said the charge clearly set out every element of the offence under Section 31(1)(a) of the Child Act 2001, and the manner of neglect was also particularised, such that the accused could not possibly have been misled, meaning there was no miscarriage of justice.

“The word ‘neglect’ means the omission by a person having care of a child to provide the attention, supervision or care required by the child’s circumstances.

“The standard of care is measured against the child’s age, abilities and needs, as well as the child’s environment. It is distinct from the branch of ‘acting negligently’, which refers to a positive act,” he said.

Separately, the court also dismissed the prosecution’s cross-appeal against the five-year jail sentence imposed by the Petaling Jaya Sessions Court judge, holding that the sentence handed to Ismanira was adequate.

“An appellate court will only intervene if the sentence is manifestly inadequate or manifestly excessive, or if there has been an error of principle. The consequences of an offence may be considered in sentencing. However, the accused was sentenced for her own neglect, not for the criminal act of a third party.

“Therefore, the five-year jail sentence imposed by the Sessions Court judge was neither inadequate nor manifestly excessive,” the judge said in proceedings attended by Ismanira’s lawyers Haresh Mahadevan, Lavanesh Haresh and Tiara Katirina Fuad.

Deputy public prosecutors Ahmad Iqbal Azman, Kamarul Iman Ahmad Sapian and Raja Zaizul Faridah Raja Zaharudin appeared for the prosecution.

In the petition of appeal, the defence argued that the Sessions Court judge had erred in concluding that the injuries sustained after Zayn Rayyan went missing were caused by the appellant’s act of allowing the autistic child to walk behind her.

The defence further argued that the court had erred in relying on the conclusion of the investigating officer, who characterised Ismanira’s conduct as a form of neglect.

The prosecution, meanwhile, argued that the conviction and five-year jail sentence against Ismanira were justified, but sought a higher, deterrent sentence.

According to the prosecution, a heavier sentence was necessary to deter the repetition of similar offences, particularly those involving individuals close to, or responsible for, the care of the victim.

On Oct 31, 2025 last year, Petaling Jaya Sessions Court judge Dr Syaliza Warnoh sentenced Ismanira to five years in jail after finding that the defence had failed to raise a reasonable doubt and that the prosecution had succeeded in establishing a case beyond reasonable doubt against Ismanira at the close of the defence.

On Dec 23, 2025, the High Court dismissed Ismanira’s application to stay the execution of the sentence imposed for the offence of neglecting Zayn Rayyan.

Judge Datuk Aslam Zainuddin found no special circumstances to allow the court to grant a stay of sentence pending appeal.

Ismanira was also ordered to perform 120 hours of community service, to be completed within six months after the end of her jail sentence.

She was charged under Section 31(1)(a) of the Child Act 2001, which carries a maximum penalty of 20 years’ imprisonment, a fine, or both upon conviction. — Bernama

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沙阿南高等法院驳回了伊斯玛尼拉·阿卜杜勒·马纳夫的上诉，她要求推翻因疏忽照顾儿子而导致其身体伤害的定罪和五年监禁判决。

法官努尔·希沙姆·伊斯梅尔维持了地方法院的判决，认为没有事实或法律上的错误，并驳回了控方要求加重刑罚的上诉，认为原判刑罚既不过分也不不足。

该案的焦点是伊斯马尼拉违反了 2001 年《儿童法》第 31(1)(a) 条的疏忽规定，法院裁定地方法院没有出现司法不公或错误。

伊斯马尼拉出狱后需完成 120 小时的社区服务。

莎阿南，9月28日讯——莎阿南高等法院今日驳回了伊斯玛尼拉·阿卜杜勒·马纳夫的上诉，她要求撤销因疏忽照顾其六岁儿子扎因·雷扬·阿卜杜勒·马丁，导致其三年前身体受伤而被判处的五年监禁。

法官努尔·希沙姆·伊斯梅尔的裁决意味着，31岁的伊斯马尼拉将继续服刑五年，这是去年八打灵再也地方法院判处的刑期。

“在审查了上诉记录，包括地方法院法官的判决理由以及双方的书面和口头陈述后，本法院认为地方法院法官的判决在事实和法律上均无错误，”他在宣读简短判决时说道。

他说，指控书清楚地列出了 2001 年《儿童法》第 31(1)(a) 条规定的犯罪的每一个要素，并且对疏忽的方式也进行了具体说明，因此被告不可能被误导，这意味着不存在司法不公。

“‘疏忽’一词指的是照顾儿童的人没有根据儿童的情况提供所需的关注、监督或照顾。