LEE ENG CHEE

LEE ENG CHEE

Accused pleaded guilty to operating a licensed vessel in contravention of licence conditions by permitting foreign crew without DG approval (s8(b)); balancing mitigation and public interest, court imposed a deterrent but proportionate sentence: fine RM15,000 with default 12 months imprisonment if unpaid, and ordered...

Source-derived case information.

Citation
KD-62-14-11/2024 (Mahkamah Sesyen)
Parties
Prosecution: Public Prosecutor; Accused: Lee Eng Chee
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
4 November 2024
Case Number
KD-62-14-11/2024 (Mahkamah Sesyen)
Procedural Posture
Criminal / Sentencing (guilty Plea)
Outcome
Accused convicted on guilty plea; sentenced to fine and forfeiture ordered.
Legal Topics
Section 8(b) Fisheries Act 1985, Forfeiture Under Section 52, Sentencing Principles, Licence Conditions, Employment of Foreign Crew
Fisheries Law Criminal Law Environmental Law Section 8(b) Fisheries Act 1985 Forfeiture Under Section 52 Sentencing Principles Licence Conditions Employment of Foreign Crew

Source-derived case record

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Parties

Public Prosecutor

Prosecution

Lee Eng Chee

Accused

Procedural Posture

Criminal / Sentencing (guilty Plea)

Legal Issues

  1. 1 Whether the accused contravened licence conditions under Section 8(b) by permitting foreign crew without Director General approval
  2. 2 Whether forfeiture of proceeds of seized fish is appropriate under Section 52(2)(ii)
  3. 3 Appropriate sentence given guilty plea, public interest and mitigating factors

Ratio Decidendi

Accused pleaded guilty to operating a licensed vessel in contravention of licence conditions by permitting foreign crew without DG approval (s8(b)); balancing mitigation and public interest, court imposed a deterrent but proportionate sentence: fine RM15,000 with default 12 months imprisonment if unpaid, and ordered forfeiture of RM1,100 (auction proceeds) to the Government under s52(1)(a)(ii).

Court Disposition

Accused convicted on guilty plea; sentenced to fine and forfeiture ordered.

Orders

  • Fine of RM15,000.00 with default sentence of 12 months imprisonment if unpaid
  • Forfeiture of RM1,100.00 (auction proceeds of seized fish) to the Government of Malaysia under Section 52(1)(a)(ii) Fisheries Act 1985