Mokhtar Sidin J

This is an appeal by the accused person, Dato' Yap Peng @ Yap Piang Tau, against the decision of the learned sessions court judge who had found him guilty of two offences punishable under s 409 of the Penal Code (FMS Cap 45). The appeal is both against the conviction and the sentence. For the purposes of this appeal, it is appropriate for me to state the two charges preferred against the appellant:

First charge:

That you between 28 April 1986 and 3 May 1986, at the Federal Territory of Kuala Lumpur, being an agent of Koperasi Sepadu Bhd, to wit, the chairman and in such capacity entrusted with the dominion over certain property to wit, RM2,600,000 committed criminal breach of trust in respect of the said property and that you have thereby committed an offence punishable under s 409 of the Penal Code.

Second charge:

That you between 28 April 1986 and 2 May 1986, at the Federal Territory of Kuala Lumpur, being an agent of Koperasi Sepadu Bhd, to wit, the chairman and in such capacity entrusted with the dominion over certain property to wit, RM500,000 committed criminal breach of trust in respect of the said property and that you have thereby committed an offence punis