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High Court Upholds Cheating Case Sentenceing
January 6th, 2017 | 11:38 AM | 2243 views
BANDAR SERI BEGAWAN
The High Court yesterday upheld the sentence passed by the Magistrate's Court on a cheating offender upon finding that there were no exceptional circumstances in the case to reverse the verdict and that the Magistrate's Court was right in passing a deterrent sentence.
Pleading guilty to 13 charges of cheating and five charges of using forged documents costing the victims losses amounting to around $30,000, Viviyanti binti Haji Mohd Ali was sentenced to 30 months imprisonment
The defendant had claimed trial earlier and changed her pleas on April 12, 2016 as the prosecution's case was drawing to a close.
Viviyanti, at the time a clerk in the Tutong Public Works Department, cheated six persons under false pretence and by using forged documents.
She made the victims believe they were able to secure contracts for the provision of services to various government departments and companies and pay her money in return.
"Considering the number of offences perpetrated by the appellant over a long period of several years and substantial loss caused to the victims, I think the Senior Magistrate was right to pass a deterrent sentence," said Justice Dato Paduka Steven Chong while dismissing the appeal.
Justice Chong also found that there was nothing in Viviyanti's circumstances to be considered exceptional and nothing that would justify interfering with the sentence.
Defence counsel Rozaiman Abdul Rahman represented Viviyanti while -DPP Emily Goh appeared as respondent on behalf of the Public Prosecutor in the appeal.
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