Kota Kinabalu: A former company worker, who was jailed three years and fined RM3,000 for criminal breach of trust, saw her imprisonment sentence enhanced to four years.
High Court Judicial Commissioner Amelati Parnell on Monday increased Aileen A. Paul jail sentence in allowing the prosecution’s cross-appeal against the inadequacy of the sentence imposed on her.
Earlier the court dismissed Aileen’s appeal against her conviction and sentence.
Aileen, 40, who was on stay of execution pending her appeal to the High Court, was granted a stay while waiting for her appeal at the Court of Appeal.
Her counsel in applying for a stay submitted that Aileen is pregnant and tendered a medical letter stating that she would be warded at the Women and Children Hospital in Likas from Feb 18 onwards due to pregnancy complications and scheduled for delivery next month.
Aileen was on Aug 16, 2019 sentenced to three years’ jail and fined RM3,000 or six months jail by the Sessions Court here after a full trial.
Aileen was found guilty as being an account executive officer of Sticky Rice Travel Sdn Bhd who was entrusted with the authority over the company’s assets amounting to RM90,005.23, of transferring the company’s money to Wong Siew Mui’s account without the company’s knowledge, between Aug 2, 2017 and Aug 30 the same year at the said company at Gaya Street here.
The offence under Section 408 of the Penal Code provides for a jail term of between one and 14 years, and whipping, upon conviction.
Counsel Ram Singh, in their submissions, appealed for Aileen to be acquitted and discharged.
The counsel submitted, among others, that there was no credible evidence to establish the ingredient of the alleged offence against the appellant as per charge and that it was a matter that the alleged sum of RM90,005.23 stated in the charge sheet had been repaid by the complainant’s insurance company in the total sum of RM97,000 which was more than the amount in the charge.
The prosecution in appealing against the sentence, had submitted among others that the said sentence was inadequate as the trial judge fail to pass a sentence that reflects her consideration of the seriousness of offence and did not serve as a deterrent sentence.
Together with Ram was counsel Kimberly Ye and Chen Wen Jye while Deputy Public Prosecutor (DPP) Siti Amirah Muhammad Ali stood in for DPP Azreen Yas Mohamad Ramli.
