A 3-month-old boy was violently shaken and hit his head, causing brain injury and severe retardation. The evil nanny in Beicheng upheld the harsh sentence of 7 years

A couple in Beijing City needed babysitting in 2023. They found Chen Weixin, who had a nanny technician certificate, and was entrusted to take care of their 3-month-old baby boy. However, the Chen woman violently shook the baby boy and hit his head with blunt force or similar external force, causing serious injuries such as bilateral subdural hemorrhage and skull fracture, leaving major sequelae such as cerebral palsy, hearing impairment, and severe developmental delay. In the first instance, the Taipei District Court sentenced Chen to seven years in prison as an adult guilty of intentionally injuring a child causing serious injury. After the case was appealed, the High Court found that the original trial's confession and sentencing were not improper. It rejected the appeal and maintained the 7-year sentence. The entire case can still be appealed.

The verdict pointed out that Chen Weixin has been working as a nanny for a baby boy at her residence in Da'an District, Taipei City since May 15, 2023. As a professional nanny and having two children of her own, Chen has knowledge and practical experience in caring for infants and young children. She knew that the baby boy was 3 months old at the time and his neck muscles had not yet matured. If he was violently shaken, he may suffer head and brain injuries due to insufficient neck support, or even serious injuries.

In the hours before 11:39 pm on June 29 of the same year, Ms. Chen shook the baby boy violently and hit his head with blunt force or similar external force. At about 11:00 that night, Ms. Chen found that the baby boy had fallen into a coma. She immediately notified the fire department and sent the baby boy to Taipei Medical University Affiliated Hospital for emergency treatment, and then transferred him to Mackay Children's Hospital.

The baby boy was diagnosed with bilateral subdural hemorrhage, bilateral retinal hemorrhage, suspected masochistic brain injury, hypoxic-ischemic brain disease, epilepsy, and linear fracture of the left top skull. Due to brain hemorrhage and hypoxia, he also suffered masochistic brain injury, central nervous system injury, etc. The extremely handicapped baby suffers from cerebral palsy and bilateral sensorineural hearing loss. The hearing problem cannot be treated with drugs or surgery. The baby boy is also unable to eat by mouth and must be fed with a gastrostomy. He also has major incurable or refractory injuries such as severe developmental delay.

During the trial of the case, Chen only admitted that she had caused serious injury through negligence and denied the intention to injure. However, based on relevant documents, the High Court determined that Chen had indeed committed acts of injury. She should be found guilty of the crime of intentional injury to children as an adult, causing serious injury, and her sentence was aggravated in accordance with the "Child and Juvenile Welfare and Rights and Interests Protection Act."

The collegial panel of the High People's Court held that when the first instance sentenced Chen to seven years' imprisonment, it had carefully considered the circumstances of the crime, attitude after the crime, and the reconciliation situation. There was no excessive sentencing or abuse of discretion. In the second instance, Chen still failed to face up to her mistakes and admit her crime. So far, she has not reached reconciliation or understanding with the baby boy's parents.

The collegial panel believed that the baby boy was seriously injured beyond recovery, and his parents continued to suffer great psychological suffering and pain. The basis of the sentencing did not change during the second instance. Therefore, it was difficult to see what was inappropriate in the first instance sentencing. It ultimately rejected Chen’s appeal and upheld the 7-year sentence. The entire case is still subject to appeal.