JUDGMENT

Roz Mawar Rozain JC:

Introduction

[1] This is an appeal against sentence where upon a plea of guilty by the appellant (hereinafter referred to as the accused), he was sentenced on 16 July 2021 by the Magistrate to an imprisonment term of 3 months for an offence under s 29(1) Minor Offences Act 1955 (Act 336). The penalty provided by the section is a fine not exceeding RM1,000 or to imprisonment not exceeding 1 year, or to both.

[2] As recorded in the Appeal Records, the accused on 28 May 2021 was found to have in his possession the property of one Patrick Cheng Ther Wee (IC No 580911-05-5429) in the amount of RM124,202 and failed to account satisfactorily how he came by the same.

[3] On 13 August 2021, the High Court had granted a stay of execution pending this appeal, ordering him to be released on RM6,000.00 bail. He had by then served 1 month of the 3 months imprisonment sentence.

Charge

[4] However, before this Court proceeds to consider the submissions of the appeal against sentence put forth by parties on 10 February 2022 and decide on the appeal, the charge is examined. It is reproduced as follows:

"Bahawa kamu pada 28 May 2021 semasa berada di Bank HSBC cawangan Mont Kia