TUAN MOHD BADRULHAFIS BIN TUAN MOHD ZAIN

TUAN MOHD BADRULHAFIS BIN TUAN MOHD ZAIN

The accused having pleaded guilty to transferring 86 goats without the required written permission and veterinary health certificate under the Animals Act 1953 is guilty; given the public health risk and his repeat offending the court imposed a fine of RM12,000 (default 4 months imprisonment) while ordering return...

Source-derived case information.

Citation
DJ-87-41-04/2024 (Mahkamah Majistret)
Parties
Prosecutor: Nor Azizan bin Ismail; Accused: Tuan Mohd Badrulhafis bin Tuan Mohd Zain; Accused: Muhammad Zaem Bin Ab Aziz
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
29 May 2024
Case Number
DJ-87-41-04/2024 (Mahkamah Majistret)
Procedural Posture
Criminal / Sentencing
Outcome
Convicted; sentenced to a fine of RM12,000 with default 4 months imprisonment; vehicle returned to owner; proceeds of sale forfeited to Government; animals disposed by sale
Legal Topics
Animals Act 1953, Sentencing, Forfeiture, Plea of Guilty, Departmental Offences
Criminal Law Animal Law Public Health Animals Act 1953 Sentencing Forfeiture Plea of Guilty Departmental Offences

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Parties

Nor Azizan bin Ismail

Prosecutor

Tuan Mohd Badrulhafis bin Tuan Mohd Zain

Accused

Muhammad Zaem Bin Ab Aziz

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether the accused transferred 86 live goats without written permission and veterinary health certificate as required under Animals Act 1953 and related state order
  2. 2 Appropriate sentence for a repeated departmental offence involving public health risk
  3. 3 Whether the vehicle used in the commission of the offence should be returned to its owner

Ratio Decidendi

The accused having pleaded guilty to transferring 86 goats without the required written permission and veterinary health certificate under the Animals Act 1953 is guilty; given the public health risk and his repeat offending the court imposed a fine of RM12,000 (default 4 months imprisonment) while ordering return of the vehicle to its owner and forfeiture of proceeds of sale to the Government, with animals disposed by sale and proceeds held in trust until final disposal of proceedings.

Court Disposition

Convicted; sentenced to a fine of RM12,000 with default 4 months imprisonment; vehicle returned to owner; proceeds of sale forfeited to Government; animals disposed by sale

Orders

  • Accused convicted of offence under Animals Act 1953 s.36(1)
  • Accused to pay fine of RM 12,000 in default 4 months imprisonment