(delivering the judgment of the court): We have allowed this appeal and we now give our reasons for reducing the custodial sentence and setting aside the sentence of fine.

The appellant was convicted in the High Court at Kuala Lumpur on his plea of guilty to a charge of criminal breach of trust offence under section 409 Penal Code. The charge was in the following terms:

"That you on the 9th day of April, 1985 at No. 91, Jalan SS 21/1A,

Damansara Utama, Petaling Jaya, in the State of Selangor, being an

agent of Malaysia Overseas Investment Corporation Sdn. Bhd., to wit,

the Managing Director and in such capacity entrusted with dominion over

certain property, to wit, M$ 338,808.80, committed criminal breach of

trust in respect of the said property and you thereby committed an

offence punishable under section 409 of the Penal Code."

After hearing a plea in mitigation from his counsel, the appellant was sentenced to eight years imprisonment and a fine of $ 100,000.00, in default another six months imprisonment. The appeal to us was against the said sentence on the ground that:

(1) the sentence imposed by the tria