Taiwan court upholds three-year sentence in attempted murder case involving toddler

Taiwan’s Kaohsiung High Court has dismissed an appeal by a woman convicted of attempting to kill her young son by throwing him into the sea.

In its ruling on 4 December, the court upheld a three-year prison sentence imposed by the Taiwan Qiaotou District Court on 9 May 2025, finding no error in the original conviction or sentencing.

Judges ruled that the defendant acted with direct intent to kill, even though the child survived due to immediate rescue by the father and nearby members of the public.

The court further held that while the defendant’s schizophrenia significantly impaired her ability to control her behaviour, it did not negate criminal intent.

Appeal arguments rejected

The appeal was brought on sentencing grounds but necessarily required a review of criminal intent, the court said.

The defence argued the defendant lacked firm intent to cause death, noting her husband was present and able to rescue the child.

According to the defence, a person determined to kill would have acted when alone and ensured a higher likelihood of death.

The High Court rejected this reasoning, stating that direct intent does not require advance planning, secrecy or optimal conditions.

Judges emphasised that spontaneous acts, even without premeditation, can still constitute direct intent if the actor knowingly and deliberately pursues a lethal outcome.

Court’s finding on intent

In affirming the conviction, the court relied on surveillance footage, witness testimony and the defendant’s own admissions.

Footage showed the defendant suddenly throwing the child into the water before leaving the scene without attempting rescue or calling for help.

Judges also cited repeated statements made by the defendant during later proceedings, in which she said she wanted the child to die.

The court noted the child was only one year and eight months old and had no ability to swim or save himself.

Throwing such a young child into the sea, particularly in a dimly lit and sparsely populated area, was described as an act carrying an extremely high risk of death.

Sentencing considerations

The High Court agreed with the lower court’s sentencing analysis, finding the three-year term proportionate.

The offence was aggravated under the Child and Youth Welfare and Rights Protection Act, which mandates harsher penalties when adults intentionally commit crimes against children.

At the same time, the court applied statutory sentence reductions because the offence was attempted rather than completed.

Further mitigation was granted under criminal law provisions recognising significantly diminished responsibility due to mental illness.

Judges declined to apply additional discretionary reductions, ruling that the seriousness of the offence outweighed further leniency.

Background to the incident

The case arose from an incident on the night of 18 October 2021 at a coastal breakwater in Kaohsiung.

The defendant, identified by the surname Hong, had travelled to the area with her husband and their toddler.

Court records show the husband rode a motorcycle with the child seated in a front-mounted child seat, while Hong sat nearby on wave-breaking structures.

Shortly after arriving, Hong experienced severe psychotic delusions and became convinced her son was possessed by an evil spirit.

She then threw the child into the sea without warning.

The husband immediately jumped into the water to rescue the child, while passers-by assisted.

Aftermath and child protection measures

The child sustained only minor bruising and abrasions and did not suffer permanent physical injury.

However, social welfare authorities later placed him under protective care, citing ongoing safety concerns.

Hong did not remain at the scene after the incident and instead took a taxi back to her parents’ home in Tainan.

Judges noted that her conduct after the act showed indifference to whether the child survived.

Mental health history

Court records detailed a long history of severe mental illness.

Hong had been diagnosed with schizophrenia in early adulthood and held official certification for chronic psychiatric disability.

Medical evidence showed repeated hospitalisations, persistent hallucinations and entrenched delusional beliefs.

A court-ordered psychiatric assessment concluded her illness had significantly impaired her ability to recognise wrongdoing and control her actions at the time of the offence.

Prior child safety incidents

The courts also considered earlier incidents involving the child.

These included reports that Hong left the child alone at home and a separate case in which she fell from a third-floor building while carrying the child.

Judges said these incidents demonstrated ongoing risks to the child’s safety and showed the offence was not an isolated lapse.