1. ) BUI THI NGAN 2. ) BUI VAN NOI 3. ) BUI VAN ANH 4. ) LIM HENG HUI

1. ) BUI THI NGAN 2. ) BUI VAN NOI 3. ) BUI VAN ANH 4. ) LIM HENG HUI

Applying established authorities, the court found that surveillance, consistent seizure locations within the defendants' occupied premises, expert morphological and DNA identifications, documentary licence checks and the totality of circumstantial evidence established beyond reasonable doubt that the defendants...

Source-derived case information.

Citation
CA-62ES-11-05/2024 (Mahkamah Sesyen)
Parties
Prosecutor: Pendakwa Raya; Defendant: Bui Thi Ngan; Defendant: Bui Van Noi; Defendant: Bui Van Anh
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
19 February 2026
Case Number
CA-62ES-11-05/2024 (Mahkamah Sesyen)
Procedural Posture
Criminal Wildlife Conservation Offences / Judgment at End of Defence (decision on Guilt and Sentence Imposed)
Outcome
Defendants convicted on all counts (guilt found) and sentenced; exhibits forfeited to the State
Legal Topics
Storage/possession of Protected Wildlife, Joint Criminal Intention (s34 Penal Code), Definition of "menyimpan" (to Store), Circumstantial Evidence and Presumptions, Forfeiture of Exhibits, Sentencing Policy and Public Interest
Criminal Law Wildlife Conservation Law Evidence Law Sentencing Law Storage/possession of Protected Wildlife Joint Criminal Intention (s34 Penal Code) Definition of "menyimpan" (to Store) Circumstantial Evidence and Presumptions +2 more

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Parties

Pendakwa Raya

Prosecutor

Bui Thi Ngan

Defendant

Bui Van Noi

Defendant

Bui Van Anh

Defendant

Procedural Posture

Criminal Wildlife Conservation Offences / Judgment at End of Defence (decision on Guilt and Sentence Imposed)

  1. 1 Whether prosecution proved prima facie and beyond reasonable doubt that defendants ‘stored’ protected wildlife parts and snares under Akta 716
  2. 2 Proper legal meaning of 'menyimpan' in the context of Akta 716 and whether exclusive possession/ownership is required
  3. 3 Whether defendants were occupants/inhabitants of the premises to attract presumptions and whether they had control/exclusive custody given presence of other occupants

Ratio Decidendi

Applying established authorities, the court found that surveillance, consistent seizure locations within the defendants' occupied premises, expert morphological and DNA identifications, documentary licence checks and the totality of circumstantial evidence established beyond reasonable doubt that the defendants stored protected wildlife parts and snares and acted with common intention under s34; exclusive ownership was unnecessary for a conviction under the storage offences of Akta 716, therefore all defendants were convicted on all counts.

Court Disposition

Defendants convicted on all counts (guilt found) and sentenced; exhibits forfeited to the State

Orders

  • All three defendants convicted on all charges as particularised in Indictments 62ES-3-11/2023, 62E-11-05/2024, 62ES-12-05/2024, 62ES-13-05/2024, 62ES-14-05/2024 and 62ES-15-05/2024.
  • Sentences imposed include fines and prison terms per count as set out in judgment (examples: RM150,000 per totally protected part or custody terms as specified; specific counts included RM1,650,000; RM8,100,000; RM73,800,000; RM40,950,000; RM3,000,000; RM1,200,000 etc) and specified concurrent custodial terms for...