KOTA KINABALU: An unemployed local man suffering from paralysis, was jailed for 24 months by the Magistrate’s Court yesterday for four counts of cheating a company of RM747,000.
David Jeffry James, 50, admitted before magistrate Cindy Mc Juce Balitus to four alternative charges against him, framed under Section 418 of the Penal Code and punishable by a maximum jail of seven years, or with a fine, or both, upon conviction.
For the first to the fourth counts of cheating the company of RM112,000, RM180,000, RM195,000 and RM260,000 respectively with the knowledge that wrongful loss might have been thereby caused to the company whose interest the offender is bound to protect, James was handed down with six months’ jail for each of the charges.
The offences were committed at the company’s office between December 28, 2004 and December 7, 2005.
Balitus ordered James, who was represented by counsel Ram Singh, to serve his jail terms concurrently from April 13 this year, the date when the case was first mentioned.
Meanwhile, the prosecution withdrew the main charges framed under Section 403 of the Penal Code against James, for allegedly having dishonestly misappropriated RM112,000, RM180,000, RM195,000 and RM260,000 respectively, belonging to the company here between December 28, 2004 and December 7, 2005.
The provision carries a jail term of up to five years and whipping, and also liable to a fine, upon conviction.
Earlier, James’ counsel submitted that the accused has been suffering from the disease since 2005 and a medical report was also tendered to show that the accused has not recovered despite having undergone therapy sessions.
Prosecuting officer Chief Inspector Lim Swee Beng urged for an appropriate sentence to be imposed on the accused.
In a separate case, a 55-year-old local man was sentenced to a total of 20 months’ imprisonment by the same court for two charges of possessing syabu and heroin.
Liew En Yin pleaded guilty to having 0.56 gram of syabu and 0.01 gram of heroin at an unnumbered house at Bukit Nenas on February 3.
He received 10 months’ jail for each of the charges, but was ordered to serve both the jail sentences concurrently.
The two charges came under Section 12 (3) of the Penal Code which provides for a maximum fine of RM100,000, or a jail term of up to five years, or both, upon conviction.
When pleading for a light sentence, Liew admitted that the drugs belonged to him while the other four alleged accomplices had come to his house for the mere purpose of paying him a visit.
Syahrin pressed for a heavier sentence as the offence committed was serious.
Prosecuting officer Inspector Syahrin Ali applied for another date to be fixed for mention of Liew’s co-accused Yong Kok Hing, Teo Tze Chin, Liew En Yui and Kwan Soon Leong aged between 45 and 50, who were also charged with committing a similar offence at the same time and place, pending further instruction from the deputy public prosecutor’s office.
Balitus fixed July 9 this year to re-mention the case of Yong, Teo, En Yui and Kwan.