1. ) MOHAMAD SUKRY BIN WAHAB 2. ) MUHAMMAD HAFISZAN BIN NASER

1. ) MOHAMAD SUKRY BIN WAHAB 2. ) MUHAMMAD HAFISZAN BIN NASER

Prosecution proved all elements: the accuseds had custody and control of the truck containing 50 rhino horn units, forensic DNA confirmed species are fully protected, no special permit was produced; defence of innocent carrier was rejected as afterthought and amounted to wilful blindness; therefore guilt was...

Source-derived case information.

Citation
BK-63ES-1-07/2022 (Mahkamah Sesyen)
Parties
Prosecution: Pendakwa Raya; Accused 1: Mohamad Sukry Bin Wahab; Accused 2: Muhammad Hafiszan Bin Naser
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
15 October 2025
Case Number
BK-63ES-1-07/2022 (Mahkamah Sesyen)
Procedural Posture
Criminal Trial Under Akta Pemuliharaan Hidupan Liar 2010 [akta 716] / Full Trial, Conviction and Sentencing
Outcome
Both accused convicted under Section 68(1)(b) Akta Pemuliharaan Hidupan Liar 2010 and Section 34 Penal Code; sentenced to imprisonment.
Legal Topics
Possession of Protected Wildlife Parts, Prima Facie Burden, Innocent Carrier and Wilful Blindness, Sentencing Trends and Deterrence
Wildlife Law Criminal Law Evidence Law Possession of Protected Wildlife Parts Prima Facie Burden Innocent Carrier and Wilful Blindness Sentencing Trends and Deterrence

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Parties

Pendakwa Raya

Prosecution

Mohamad Sukry Bin Wahab

Accused 1

Muhammad Hafiszan Bin Naser

Accused 2

Procedural Posture

Criminal Trial Under Akta Pemuliharaan Hidupan Liar 2010 [akta 716] / Full Trial, Conviction and Sentencing

  1. 1 Whether the accused possessed protected rhino horns without a special permit
  2. 2 Whether the seized items were species fully protected under Schedule Two of Akta 716
  3. 3 Whether prosecution proved possession beyond reasonable doubt given chain of custody and DNA evidence

Ratio Decidendi

Prosecution proved all elements: the accuseds had custody and control of the truck containing 50 rhino horn units, forensic DNA confirmed species are fully protected, no special permit was produced; defence of innocent carrier was rejected as afterthought and amounted to wilful blindness; therefore guilt was established beyond reasonable doubt and convictions followed.

Court Disposition

Both accused convicted under Section 68(1)(b) Akta Pemuliharaan Hidupan Liar 2010 and Section 34 Penal Code; sentenced to imprisonment.

Orders

  • Each accused sentenced to six (6) months imprisonment