High Court tosses out ‘swindler’s’ appeal

Fadley Faisal

The High Court dismissed a local woman’s appeal against a four-year jail sentence handed to her by the Magistrate’s Court for cheating and forgery charges.

Vivi Yanti binti Haji Mohd Ali was convicted of 10 charges of cheating and one of forgery on October 8.

She was ordered to compensate BND9,530 to the victim or risk serving an additional two weeks’ jail in default of payment.

The appellant, through her counsel Ahmad Zakaria bin Mohammad, filed the appeal citing that the sentence was excessive and that the sentencing court failed to observe it in its totality.

Chief Justice Dato Seri Paduka Steven Chong, in considering the application, said that the appellant had claimed trial, committed the series of offences over a period of nine months and is an apparent swindler. “She had committed the offences not long after her release from a prison sentence of two years and six months upon conviction on 13 charges of cheating and five of forgery previously,” the court further thought.

The Chief Justice also took into account the serious aggravating factors of the case in which the appellant had taken advantage of an 86-year-old victim, cheating him of his hard earned savings.

“It is cruel and heartless and this kind of behaviour must be strongly discouraged,” the Chief Justice said on deciding that the sentence was deserving.

Prosecutor Hajah ‘Adzimah Mukarramah binti Haji Salleh assisted the High Court in responding to the application on behalf of the Public Prosecutor.