NASARUDDIN BIN HAJI ISMAIL

NASARUDDIN BIN HAJI ISMAIL

The High Court held the Sessions Court's sentence was manifestly inadequate given the public interest in protecting subsidised controlled goods and the risk of diversion; the appeal was allowed and the fine was increased to reflect the seriousness of the statutory offence under Section 22(1).

Citation
DA-42H-18-07/2020 (Mahkamah Tinggi)
Parties
Prosecutor (appellant): Pendakwa Raya; Accused (respondent): Nasaruddin bin Haji Ismail
Court
High Court
Jurisdiction
Malaysia
Judgment Date
14 September 2021
Case Number
DA-42H-18-07/2020 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal (sentence Appeal) / High Court Judgment on Appeal From Sessions Court
Outcome
Appeal allowed; original sentence set aside and substituted.
Legal Topics
Sentencing, Supply Control of Subsidised Goods, Record Keeping Offences, Smuggling and Diversion Risk
Source Language
Malay/English
Criminal Law Regulatory Law Administrative Law Sentencing Supply Control of Subsidised Goods Record Keeping Offences Smuggling and Diversion Risk

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Parties

Pendakwa Raya

Prosecutor (appellant)

Nasaruddin bin Haji Ismail

Accused (respondent)

Procedural Posture

Criminal Appeal (sentence Appeal) / High Court Judgment on Appeal From Sessions Court

Legal Issues

  1. 1 Whether the sentence imposed by the Sessions Court was manifestly inadequate
  2. 2 Whether the public interest in protecting subsidised supplies justifies a heavier sentence
  3. 3 Whether the guilty plea and first‑time offender status sufficiently mitigates sentence

Ratio Decidendi

The High Court held the Sessions Court's sentence was manifestly inadequate given the public interest in protecting subsidised controlled goods and the risk of diversion; the appeal was allowed and the fine was increased to reflect the seriousness of the statutory offence under Section 22(1).

Court Disposition

Appeal allowed; original sentence set aside and substituted.

Orders

  • Original sentence of RM3,000 fine (1 month imprisonment if default) set aside.
  • Respondent sentenced to a fine of RM30,000; 1 month imprisonment if fails to pay.