KOTA KINABALU: A 31-year-old woman was sentenced to three years’ jail and fined a total of RM3,000 for three counts of criminal breach of trust (CBT) involving RM37,310 which belonged to three residents of a home for people with disabilities.
Sessions Court judge Noor Hafizah Mohd Salim imposed the sentence on Anita Yaw Yun Moi, who was found guilty as charged, when the case came up for decision after a full trial.
In delivering her decision, she held that the accused had failed to raise any reasonable doubts on the prosecution case.
Noor Hafizah imposed three years’ jail plus RM1,000 fine, in default, two months’ jail for each charge.
However, the jail sentences are to run concurrently.
On the first to the third charge, Anita, who was an employee at Bukit Harapan Welfare Home for disabled people, had committed the offence against the property of Chang Li Mei, 17, Chang Li Ken, 18, and Sherly Olivia Kamius, 16, which were RM13,300, RM12,750 and RM11,260, respectively.
Anita, who was entrusted with the money, had breached the trust given to her by her employer, Matilda Audra Keyworth, 49, and withdrew the money periodically without anyone knowing.
The offence took place at Bukit Harapan, Jalan Tuaran Bypass Manggatal here between November 22, 2017 until May 21, 2018.
All the offences were framed under Section 408 of the Penal Code, which provides for a jail term of not less than a year and not more than 14 years, and with whipping and also liable to a fine, upon conviction.
In mitigation, counsel Mohd Luqman Syazman Zabidi, who represented the accused, prayed for a bond of good behaviour with reasons that the accused is a single mother who takes care of her two children aged one and 12, and old parents.
He said the accused was a first-time offender, who was remorseful and repented, and added that the incident would not have occurred if it was not her being silent.
Furthermore, he said the accused is suffering from heart disease, which needed constant medical treatment.
Meanwhile, deputy public prosecutor (DPP) Megat Mahathir Megat Tharih Affendy in his reply strongly objected to the bond of good behaviour.
He emphasized that the accused had abused the trust given which involved three children with disability and thus, such offence should not be taken lightly.
Regarding the accused’s medical condition, Megat said that the accused could also get her treatment while running her sentence.
Being a first offender, moreover, does not entitle her to a lenient sentence, Megat submitted and therefore he requested for a deterrent sentence in accordance with Section 408 of the Penal Code.
Mohd Luqman had also applied for a stay of execution, pending an appeal at the High Court here.
The court allowed the application for a stay of execution pending appeal with bail of RM3,000 deposit with two sureties.
Throughout the trial, 10 prosecution witnesses were called while in the defence stage, the accused was the sole defence witness.
Megat was standing in for DPP Faezah Jafry while Mohd Luqman appeared together with counsel Shahlan Jufri.