The Supreme Court has upheld a 14-month prison sentence for a woman who repeatedly used drugs beside her newborn, exposing the infant to toxic smoke that impaired her development.
In a decision made public yesterday, the court rejected an appeal by the woman, surnamed Yeh (葉), affirming a sentence handed down by the High Court’s Kaohsiung branch after she was found guilty of harming a minor’s physical and mental development.
Yeh lived with her newborn daughter, surnamed Lo (羅), in Kaohsiung and regularly used heroin, methamphetamine and ketamine, the ruling said.
Photo: Chang Wen-chuan, Taipei Times
From September 2022, when the child was born, to Oct. 7 of the same year, when Yeh was arrested, she continued using drugs in close proximity to the infant, producing toxic secondhand smoke, it said.
Prolonged exposure caused the child to absorb excessive toxins, resulting in developmental harm, including problems with attention, memory and reaction time, the ruling said.
After discovering the situation, Kaohsiung police notified social services, and the infant was removed from the home and placed in protective care.
Subsequent hair tests on the child returned positive for drug exposure, prosecutors said.
In an initial ruling, the Kaohsiung District Court sentenced Yeh to eight months in prison.
Prosecutors appealed, and the High Court’s Kaohsiung Branch later increased the sentence to 14 months, citing the severity of the harm and the high levels of drug exposure.
While Yeh admitted wrongdoing and cooperated with authorities, her actions and continuing drug use while caring for a newborn incapable of self-care, were “entirely unacceptable,” the court said.
Yeh appealed, but the Supreme Court upheld the lower court’s ruling on March 18, making the sentence final.
Under the Criminal Code, those who harm a minor or impair their physical or mental development face six months to five years in prison.
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