Trans-coastal Sdn. Bhd.

Trans-coastal Sdn. Bhd.

Although s133(1)(a) and s52 are strict liability provisions, a shipping agent who fills a manifest based on representations and shipping instructions from the consignor and where the container was sealed and could not be inspected may avail itself of the defence under s119 by proving bona fide reliance on the...

Source-derived case information.

Citation
B-09-180-04/2022 (Mahkamah Rayuan)
Parties
Appellant/respondent: Public Prosecutor; Respondent/appellant: Trans-Coastal Sdn Bhd
Court
Court of Appeal
Jurisdiction
Malaysia
Judgment Date
14 March 2024
Case Number
B-09-180-04/2022 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal / Court of Appeal Judgment on Consolidated Appeals
Outcome
Appeal B-09-180-04/2022: prosecution appeal dismissed and His Lordship's acquittal affirmed; Appeal B-09-231-09/2023: Trans-Coastal appeal allowed, conviction set aside and fine refunded.
Legal Topics
Incorrect Declaration, Strict Liability Offence, Burden of Proof Shift Under S.119, Manifest and Bill of Lading, Industry Practice 's.t.c', Verification Obligations of Shipping Agents
Customs Law Criminal Law Shipping and Maritime Law Evidence Law Incorrect Declaration Strict Liability Offence Burden of Proof Shift Under S.119 Manifest and Bill of Lading +2 more

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Parties

Public Prosecutor

Appellant/respondent

Trans-Coastal Sdn Bhd

Respondent/appellant

Procedural Posture

Criminal Appeal / Court of Appeal Judgment on Consolidated Appeals

Legal Issues

  1. 1 Whether s133(1)(a) of the Customs Act 1967 and s52 constitute strict liability offences
  2. 2 Whether Trans-Coastal could be criminally liable for an incorrect manifest when the container was sealed and details supplied by shipper/agent
  3. 3 Whether shipping agents are obliged to verify container contents prior to declaration

Ratio Decidendi

Although s133(1)(a) and s52 are strict liability provisions, a shipping agent who fills a manifest based on representations and shipping instructions from the consignor and where the container was sealed and could not be inspected may avail itself of the defence under s119 by proving bona fide reliance on the shipper's information; factual findings that the agent relied on the shipper and that seals were intact must be respected on appeal, leading to dismissal of the prosecution appeal in Appeal 180 and allowing Trans-Coastal's appeal in Appeal 231 with conviction and fine set aside.

Court Disposition

Appeal B-09-180-04/2022: prosecution appeal dismissed and His Lordship's acquittal affirmed; Appeal B-09-231-09/2023: Trans-Coastal appeal allowed, conviction set aside and fine refunded.

Orders

  • Prosecution appeal in Appeal B-09-180-04/2022 dismissed; trial acquittal affirmed
  • Trans-Coastal appeal in Appeal B-09-231-09/2023 allowed; conviction set aside and sentence of fine of MYR 30,000.00 set aside