On the evening of 23/7, 44-year-old Nguyen Thi Binh, a resident of the former Vung Tau City, was sentenced to 4 years and 6 months in prison by the District XI People's Court of Ho Chi Minh City for involuntary manslaughter. This sentence exceeded the prosecutor's recommendation of 1 year and 6 months to 2 years.
The court determined Binh's actions directly caused the death of a child under one year old. While unintentional, her actions resulted in a significant loss for the victim's family.
The court also ordered Binh to compensate the victim's family over 230 million VND for emotional distress.
According to the indictment, Binh operated an unlicensed daycare at her home on Binh Gia Street in the former Vung Tau City. On the morning of 12/4/2023, Doan Le Khanh Ly (30 years old) brought her 11-month-old daughter to Binh's care. At the time, Binh was already caring for two other young children.
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Defendant Binh cries during her self-defense. Photo: Truong Ha |
Defendant Binh cries during her self-defense. Photo: Truong Ha
Around 10:15 a.m., after feeding the baby milk, Binh put her down for a nap on a mattress in the living room. Nearly an hour later, the baby woke up and was fed more milk. Binh then took the baby to the backyard to change her diaper and bathe her before putting her back in the living room to sleep.
About 15 minutes later, Binh heard coughing and rushed in to find the baby vomiting, with milk coming out of her nose. She tried to suction the milk out with her mouth, then tilted the baby, patted her back, and rubbed her chest. When her daughter returned from school, Binh asked her to look up first aid instructions online. Due to a poor internet connection, they couldn't load a video, so Binh listened as her daughter read the written instructions and followed them.
Binh held the baby's head downwards, holding her neck with one hand and patting the back of her neck and head with the other. She only stopped when the baby's lips turned blue, and then she and her daughter rushed the child to the hospital. The baby was admitted in a state of cardiopulmonary arrest and died on 6/5.
In court, Binh testified that before providing childcare at home, she worked at a daycare center in Vung Tau City, but didn't have a formal labor contract and was paid based on an informal agreement. She also stated that she had never received any formal training as a babysitter.
When questioned by the presiding judge about a childcare certificate discovered by investigators, Binh claimed it was a gift from a parent and she didn't know if it was real or fake. She said she kept it at home but never used it. Regarding the incident, Binh maintained that she didn't drop the child, but only patted her back 4 or 5 times during the first aid attempt.
The court found that Binh provided childcare services without a license or professional certification, lacked expertise, and lacked experience in handling emergencies. Her claim of performing proper first aid, which allegedly led to the fatal head injury, contradicted the forensic findings.
Based on the evidence, the court determined that the baby had acute bronchitis before the incident. The cause of death was determined to be multiple organ failure due to a head injury and pneumonia, with a contributing factor of a blood clotting disorder.
The court acknowledged that Binh acted with the intention of providing first aid and wanted to save the child. She also promptly took the victim to a medical facility, but the child did not survive—an outcome beyond her control. Therefore, her actions constituted involuntary manslaughter.
Regarding Binh's use of the childcare certificate, there were indications of forgery or fraudulent use of official documents, but the investigating agency found insufficient evidence for further action.
However, Binh's court testimony raised concerns about the certificate's authenticity and legal validity. Therefore, the District XI People's Court recommended that higher-level prosecution agencies review and supervise the case to ensure a thorough, objective, and complete investigation, leaving no potential crimes unexamined.
In her closing statement, Binh turned to the victim's parents, apologized, and accepted the court's verdict.
Truong Ha
