KUCHING: The High Court here has sentenced a former storekeeper to six months’ jail after allowing the prosecution’s appeal against his earlier fine for insulting the modesty of a co-worker by secretly placing a hidden camera in a company toilet.
Justice Leonard David Shim imposed the custodial sentence on Toh Lik Seng, 37, after finding merit in the prosecution’s review application.
Deputy Public Prosecutor Mohd Fillany Siji argued that the previous sentence of a RM3,000 fine or six months’ imprisonment, imposed by the Magistrate’s Court, was manifestly inadequate.
“The previous punishment was not proportionate to the offence committed by the respondent.
“It did not reflect the public’s disapproval of the crime committed by the respondent,” he said in his ruling.
On Nov 3, 2024, the Magistrate’s Court fined Toh RM3,000 or six months in jail after he pleaded guilty under Section 509 of the Penal Code, which carries up to five years’ imprisonment, a fine, or both.
According to the charge, he installed a hidden camera on the ceiling of the employees’ toilet at a renovation supply company’s premises in Jalan Setia Raja with the intention of recording victims using the facility.
The offence was committed around midnight on July 1, 2023, and came to light on Sept 30, 2024, when the complainant discovered the device in the toilet.
Upon checking the memory card, the complainant found footage of Toh installing the camera, leading to a police report and his subsequent arrest.
The High Court ordered Toh to serve his sentence effective immediately. The fine he had paid will be refunded.
He was represented by counsels Chan Khoon Moh and Sherry.
