1. ) MOHD RUSDI BIN ZUBIR 2. ) MOHD BAKRI BIN BASIR 3. ) MOHD ZULHAFIZA BIN MOHD ZULKIFLE

1. ) MOHD RUSDI BIN ZUBIR 2. ) MOHD BAKRI BIN BASIR 3. ) MOHD ZULHAFIZA BIN MOHD ZULKIFLE

Possession of parts of a totally protected species is a serious offence requiring a deterrent and substantial sentence; guilty pleas and remorse are mitigating but do not override the primacy of public interest and legislative intent to protect endangered wildlife; accordingly a heavy fine and imprisonment are appropriate under s68(2) Act 716.

Citation
DI-62ES-1-03/2023 (Mahkamah Sesyen)
Parties
Prosecution: PENDAKWA RAYA; Accused: MOHD RUSDI BIN ZUBIR; Accused: MOHD BAKRI BIN BASIR; Accused: MOHD ZULHAFIZA BIN MOHD ZULKIFLE
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
2 March 2023
Case Number
DI-62ES-1-03/2023 (Mahkamah Sesyen)
Procedural Posture
Criminal Wildlife Conservation Act Offence (keeping Parts of Totally Protected Wildlife) / Sentencing in Sessions Court (prosecution Filed Appeal Against Sentence)
Outcome
Respondents convicted and sentenced by Sessions Court
Legal Topics
Keeping Parts of Totally Protected Wildlife, Adequacy of Sentence, Deterrence and Public Interest, Section 68(1)(b) and 68(2) of Act 716
Source Language
Malay/English
Criminal Law Wildlife Conservation Law Sentencing Keeping Parts of Totally Protected Wildlife Adequacy of Sentence Deterrence and Public Interest Section 68(1)(b) and 68(2) of Act 716

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Parties

PENDAKWA RAYA

Prosecution

MOHD RUSDI BIN ZUBIR

Accused

MOHD BAKRI BIN BASIR

Accused

MOHD ZULHAFIZA BIN MOHD ZULKIFLE

Accused

Procedural Posture

Criminal Wildlife Conservation Act Offence (keeping Parts of Totally Protected Wildlife) / Sentencing in Sessions Court (prosecution Filed Appeal Against Sentence)

Legal Issues

  1. 1 Adequacy of sentence imposed
  2. 2 Application and effect of s68(1)(b) and s68(2) of the Wildlife Conservation Act 2010 (Act 716)
  3. 3 Balancing public interest and deterrence against mitigation from guilty plea and remorse

Ratio Decidendi

Possession of parts of a totally protected species is a serious offence requiring a deterrent and substantial sentence; guilty pleas and remorse are mitigating but do not override the primacy of public interest and legislative intent to protect endangered wildlife; accordingly a heavy fine and imprisonment are appropriate under s68(2) Act 716.

Court Disposition

Respondents convicted and sentenced by Sessions Court

Orders

  • Fine of RM450,000 (RM150,000 for each protected part) in default 12 months imprisonment
  • Imprisonment term of 10 months to run from date of arrest