PUBLIC PROSECUTOR SERI ULU LANGAT PALM OIL MILL SDN BHD

PUBLIC PROSECUTOR SERI ULU LANGAT PALM OIL MILL SDN BHD

Company convicted on guilty plea for contravening s.16(1) of the Environmental Quality Act 1974; despite early plea and remedial claims the Company is a persistent offender with multiple prior convictions, limiting mitigation; public interest and deterrence require imposition of the maximum statutory fine under s.16(2), RM25,000.

Citation
BK – 63ES – 14 – 09/ 2021 (Mahkamah Sesyen)
Parties
Prosecutor: Public Prosecutor; Accused: Seri Ulu Langat Palm Oil Mill Sdn Bhd
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
22 July 2022
Case Number
BK – 63ES – 14 – 09/ 2021 (Mahkamah Sesyen)
Procedural Posture
Criminal Environmental Offence (summons) / Sentencing / Judgment
Outcome
Convicted
Legal Topics
Environmental Quality Act 1974 Compliance, Licence Conditions, Sentencing Principles, Recidivism
Source Language
Malay/English
Environmental Law Criminal Law Administrative Law Environmental Quality Act 1974 Compliance Licence Conditions Sentencing Principles Recidivism

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Parties

Public Prosecutor

Prosecutor

Seri Ulu Langat Palm Oil Mill Sdn Bhd

Accused

Procedural Posture

Criminal Environmental Offence (summons) / Sentencing / Judgment

Legal Issues

  1. 1 Whether the holder of a licence breached licence conditions contrary to s.16(1) Environmental Quality Act 1974
  2. 2 Appropriate sentence under s.16(2) given repeated breaches and public interest
  3. 3 Weight to be given to early guilty plea and remedial steps

Ratio Decidendi

Company convicted on guilty plea for contravening s.16(1) of the Environmental Quality Act 1974; despite early plea and remedial claims the Company is a persistent offender with multiple prior convictions, limiting mitigation; public interest and deterrence require imposition of the maximum statutory fine under s.16(2), RM25,000.

Court Disposition

Convicted

Orders

  • Convicted on charge under s.16(1) Environmental Quality Act 1974
  • Sentenced to a fine of RM25,000.00 (maximum under s.16(2))