Local man’s conviction and sentence for CBT set aside
Posted on August 18, 2012, Saturday
KOTA KINABALU: The High Court here yesterday set aside a local man’s conviction and sentence of four years’ jail and one stroke of the cane for criminal breach of trust (CBT).
High Court judicial commissioner Lee Heng Cheong yesterday allowed an appeal by Siau Yung Lip, 37, against his conviction and sentence imposed by the Sessions Court here three months ago.
In his reserved ruling yesterday, Lee held that the omission to state the employer’s name in the charge was prejudicial to the appellant.
The Sessions Court had on May 25, this year imposed the said sentence on Siau after finding him guilty of committing CBT for spending RM1,125.40 for his own use.
The money was entrusted to him as the senior sales manager then.
The appellant had committed the offence at the office of HSK Oriental Industrial Center in Penampang about 5pm on December 6, 2006.
He was convicted under Section 408 of the Penal Code which provides for a jail term of between one and 14 years and whipping and is also liable to a fine on conviction.
The lower court however allowed the appellant’s application for a stay of the execution pending appeal against the decision to the High Court.
The appellant was represented by counsel Hairul V. Othman and Ewann Kenneth while deputy public prosecutor Uma Devi Balasubramaniam appeared for the respondent.