Former clerk has appeal against conviction dismissed
MIRI: A former clerk of a shopping complex lost her appeal against conviction and sentence of a one-year jail for criminal breach of trust (CBT) at the High Court here yesterday.
Judicial Commissioner Dean Wayne Daly upheld the jail sentence of Jessica Asap, 30, of No 43, Rejang 20, Jalan Sibu Taman Tunku, here after dismissing the latter’s appeal to have her sentence set aside. She was also ordered to undergo her jail sentence effective yesterday.
Dean made the decision after hearing submissions from both sides — from the appellant represented by counsel Sam Laya and DPP Mohd Fuad Abdul Aziz.
Earlier, Sam told the court that on 15 Nov 2017, the appellant was sentenced by the Sessions Court to a year jail on a CBT charge; misappropriating and failing to remit payment for maintenance of RM2,000 to the company’s account.
Sam said there were contradictions in the amount quoted in the first information made by the police and the brief facts of the case that was RM87,916 as contained in the first report and in the brief fact was RM87,916.97.
There was also no specific report in the charge sheet on the RM2,000 allegedly misappropriated by the appellant.
Thus, he appealed that the decision of the Session Court be set aside.
However in his judgement, Dean said there was no irregularities in the report as the RM2,000 stated in the charge sheet was based on a receipt No 4515 and the differences in the sum stated was minimal.
“The DPP too said the appellant was fortunate to have been charged with misappropriation of RM2,000, while further police investigations showed that RM87,916.97 was misappropriated.
“Record doesn’t reveal any irregularities to warrant an order of revision and therefore the appellant’s application for revision is dismissed,” he said
According to the brief facts of case, Jessica committed CBT for not remitting RM2,000 payment for maintenance as contained in receipt No.4515 to the company’s account. She committed the offence on Dec 30, 2016 at Unit 2.03 Level 3, Merdeka Mall Miri Management Sdn Bhd office in Miri/Bintulu Road.