JUDGMENT

Saiful Azian Mokhtar JC:

Introduction

[1] At trial, the appellant in this appeal was charged with two offences of abetment under s 109 of the Penal Code . Another person, Muhammad Sufi bin Mahbub ("Muhammad Sufi"), was charged with two offences of criminal breach of trust under s 409 of the .

[2] The charges for abetment against the appellant were in respect of the offences of criminal breach of trust committed by Muhammad Sufi. The charges against both the appellant and Muhammad Sufi were tried together.

[3] At the close of prosecution, both Muhammad Sufi and the appellant were called to enter their defence. When the case for the defence concluded, both Muhammad Sufi and the appellant were found guilty and convicted.

[4] For each charge under s 409 of the Penal Code , Muhammad Sufi was sentenced to imprisonment for the period of five years. The sentence of imprisonment was ordered to run concurrently. The appellant was sentenced to imprisonment for the period of two years for the offence of abetment. The sentence too was ordered to run concurrently.

[5] Both Muhammad Sufi and the appellant were not satisfied and respectively appealed against conviction and sentence. The P