A single mother and her boyfriend escaped the hangman's noose Friday after they pleaded guilty to an alternative charge of causing the death of the woman's three-year-old daughter, three years ago.

Justice Datuk Balia Yusof Wahi, who headed a three-man bench of the Court of Appeal, ordered Wong Mei Ting, 26, and Tan Peng Tong, 30, to serve their jail sentences from the date of their arrest on April 14, 2010.

The other two members on the panel were Justices Datuk Mokhtaruddin Baki and Datuk Tengku Maimun Tuan Mat.

Justice Balia, before sentencing, told both accused that they should be very thankful to the prosecution for offering the alternative charge under Section 304(b) which carries a maximum jail sentence of 10 years, or fine or both.

"After taking into account the mitigating factors forwarded by your respective counsel and arguments by the learned deputy public prosecutor, we are unanimous in imposing the maximum sentence provided under this section," ruled Justice Balia.

On Oct 19 last year, the Shah Alam High Court handed down the death sentence to Wong and Tan after they were found guilty of killing Jasmine Lee Siew Hui at No. D-3-15, Block D, Third Floor, Bayu Apartment, Taman Bukit Serdang, Seri Kembangan between midnight on March 1, 2010, and March 14, 2010.

During the trial, the court was told that the girl had died due to red hepatisation (inflammation of the lung), having been repeatedly kicked, pinched and hit with cloth hangers.

The court was also informed that they had even left the child at home alone after tying her hands and legs with towels while they went on a trip to Malacca.

According to the post-mortem report, there were at least 60 bruise marks all over Siew Hui's body.

Deputy public prosecutor How May Ling appeared for the prosecution. Lawyer Eric TS Lai represented Wong while Tan was represented by counsel Andrew Lourdes.