PETSOME (EU) SDN BHD

PETSOME (EU) SDN BHD

Defendant unconditionally admitted breach of statutory labelling obligations under the Animal Feed Act 2009; balancing public interest, deterrence and mitigating factors (early plea, first offender, financial hardship), the court imposed a RM10,000 fine and ordered the seized items to be forfeited to the department pending the board's decision under s40(8).

Citation
BH-87-756-12/2024 (Mahkamah Majistret)
Parties
Prosecution: PENDAKWA RAYA; Defendant (orang Kena Saman): PETSOME (EU) SDN BHD
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
6 December 2024
Case Number
BH-87-756-12/2024 (Mahkamah Majistret)
Procedural Posture
Criminal — Regulatory Offence Under Animal Feed Act 2009 / Convicted and Sentenced at Magistrate Court; Appeal Against Sentence Filed to High Court
Outcome
Defendant convicted and sentenced; fine of RM10,000 imposed; seized goods ordered forfeited to the department pending board decision; appeal against sentence filed.
Legal Topics
Product Labelling Compliance, Seizure and Forfeiture (lucuthak), Sentencing Principles, Guilty Plea Mitigation
Source Language
Malay/English
Animal Feed / Food Safety Law Criminal Law Regulatory Enforcement Product Labelling Compliance Seizure and Forfeiture (lucuthak) Sentencing Principles Guilty Plea Mitigation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 8 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

PENDAKWA RAYA

Prosecution

PETSOME (EU) SDN BHD

Defendant (orang Kena Saman)

Procedural Posture

Criminal — Regulatory Offence Under Animal Feed Act 2009 / Convicted and Sentenced at Magistrate Court; Appeal Against Sentence Filed to High Court

Legal Issues

  1. 1 Whether the defendant failed to comply with statutory labelling requirements for animal feed
  2. 2 Appropriate sentence given guilty plea and first offender status
  3. 3 Whether seized goods should be forfeited to the department under s40(8)

Ratio Decidendi

Defendant unconditionally admitted breach of statutory labelling obligations under the Animal Feed Act 2009; balancing public interest, deterrence and mitigating factors (early plea, first offender, financial hardship), the court imposed a RM10,000 fine and ordered the seized items to be forfeited to the department pending the board's decision under s40(8).

Court Disposition

Defendant convicted and sentenced; fine of RM10,000 imposed; seized goods ordered forfeited to the department pending board decision; appeal against sentence filed.

Orders

  • Fine of RM10,000 imposed on PETSOME (EU) Sdn Bhd
  • All seized items (21 listed items) to be forfeited/placed with the department pending decision of the departmental Board under s40(8) Animal Feed Act 2009