Kota Kinabalu: A 30-year-old man was jailed two years and ordered given two lashes of the cane by the Sessions Court here on two counts of committing criminal breach of trust involving a sum of RM25,689.15.
Jerome Harry Dominic, who was supposed to stand trial before Judge Noor Hafizah Mohd Salim on Monday, informed the court that he wished to change his plea to guilty to the charges.
Jerome pleaded guilty to the charges committed at the Bataras supermarket in Telipok Ria, Tuaran.
On the first count, he admitted to breaching the trust given to him as assistant manager of Bataras Mall, entrusted with the daily sales revenue amounting to RM16,044.15, which he failed to bank in into the company account between 11.30am and noon on Feb 10, 2021.
Jerome also admitted to the second count in which he was entrusted with another daily sales revenue of RM9,645 but did not bank-in the money into the company account at the same place and time on Feb 11, 2021.
He was jailed one year and one stroke of the cane on each count.
Noor Hafizah ordered Jerome, who was on bail, to serve the jail term concurrently from the date of his conviction (Monday).
Earlier, the prosecution in tendering the facts of the case, told the court the company’s auditor, who was instructed by the general manager to review the company’s daily income, found that the funds had decreased by RM25,689.15.
Jerome was then arrested by police on Feb 18, 2021, the court heard.
Police investigations revealed that Jerome, who was entrusted with the company’s daily sales proceeds for the said period, did not bank in the RM25,689.15 he was entrusted with into the company’s account.
Jerome committed a criminal breach of trust with respect to the money and had used the money for his personal gain, the court heard.
Each charge under Section 408 of the Penal Code, carries a jail term between one and 14 years and whipping and also liable to fine, upon conviction.
Unrepresented, Jerome requested leniency by saying that he was remorseful of his wrongdoing and promised not to repeat the offence.
He added that he has young children and his wife was not working.
Deputy Public Prosecutor (DPP) Nur Faezah Jafry pressed for a deterrent sentence on the grounds that it was a serious offence and that Jerome had abused his position as an assistant manager and abused the trust given to him.
The sentence was carried out not only to serve as a lesson to the accused but also the public at large, submitted the prosecution.