Kota Kinabalu: A former private clinic staff nurse who was sentenced to three years’ imprisonment for misappropriating company funds for personal use has failed in her appeal against both her conviction and sentence.
High Court Judicial Commissioner Dayang Ellyn Narisa Abang Ahmad dismissed Shirley Suzanna Juspa’s appeal on Tuesday.
In dismissing the appeal, Dayang Ellyn found no merit in Shirley’s arguments and upheld the Magistrate’s Court’s conviction and sentence.
On May 10, 2024, Shirley, 37, was convicted by the Magistrate’s Court here after a full trial and sentenced to three years’ imprisonment.
She was found guilty of dishonestly misappropriating RM85,415 belonging to M&D Sdn Bhd for personal use between Nov 5, 2021 and Dec 31, 2021 at Specialist Skin Clinic, Damai Plaza IV, Luyang.
The offence, under Section 403 of the Penal Code, carries a jail term of between six months and five years, whipping, and a fine upon conviction.
The Magistrate’s Court had ordered Shirley to serve the sentence from the date of her conviction.
However, she obtained a stay of execution pending her appeal to the High Court.
Counsel Nurul Rafeeqa Afdul Mutolip appeared for the appellant, while Deputy Public Prosecutor Samira Khalili appeared for the prosecution as respondent.
