Mohd. Azmi SCJ:

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 s. 409 Penal Code. The charge was in the following terms:

That you on 9 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, RM338,808.80, committed criminal breach of trust in respect of the said property and you thereby committed an offence punishable under s. 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 RM100,000 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 trial Judge was manifestly excessive in all the circumstances of the case; and

(2) The trial Judge failed to take into acco