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| Sentencing was at Shatin Court today |
Intent to harm is not necessary before a caregiver can be ordered jailed over injuries suffered by a child under her care, said a Sha Tin magistrate as she sentenced Filipina Nora C. Navarro to seven weeks’ imprisonment for the severe burns suffered by her one-year-old ward.
Magistrate Charlotte Kwong said the “very serious
injuries” suffered by the toddler necessitated the imposition of an immediate
custodial sentence.
She used a starting point of eight weeks’ jail in
sentencing, but reduced it by a week because of Navarro’s clear record and the
fact that she sustained injuries from the incident herself.
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| Pindutin para sa detalye |
The magistrate also noted that because of the case,
the 44-year-old Filipina is not likely to continue working as a domestic helper
in Hong Kong.
Navarro had pleaded not guilty to a count of ill-treatment
of a child under her care, saying the March 3 incident which happened in her
employer’s house in Sha Tin was an accident. She had put the toddler on the
floor to check on the potatoes she was boiling in a rice cooker, but the boy yanked
at the cooker’s cord, causing hot water to spill over both of them.
The boy suffered superficial second-degree burns to
his right arm and left foot, and a deeper second-degree burn on his right
forearm, which required a “second stage” skin graft using artificial dermis.
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| Basahin ang detalye! |
Defense lawyer Bryan Wong had asked for a suspended
sentence for Navarro, saying the incident stemmed from momentary negligence
during routine caregiving.
He cited three cases where the defendants were not
given a jail sentence due to a lack of malice, to support his application.
But in sentencing, Magistrate Kwong said the injuries
suffered by the child in each case were “much less serious” than that suffered by
the toddler in Navarro’s care.
As the Filipina has been in custody since her
conviction two weeks ago, she will have to stay in jail for five more weeks
before being released, and possibly deported.
