1. ) Tan Bak Lim @ Tan Bak Leng 2. ) Tan Lik Seng

1. ) Tan Bak Lim @ Tan Bak Leng 2. ) Tan Lik Seng

Prosecution failed to prove essential elements of possession ('menyimpan') and common intention: evidence of presence and municipal ownership alone did not establish care or management of the premises or exclusive control; failure to call and properly prove unavailability of the material witness (domestic worker) created reasonable doubt; accordingly no prima facie case existed and accused were correctly discharged.

Citation
JA-62ES-3-05/2024 (Mahkamah Sesyen)
Parties
Prosecution: PENDAKWARAYA; Accused/defendant: TAN BAK LIM@TAN BAK LENG; Accused/defendant: TAN LIK SENG
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
11 April 2025
Case Number
JA-62ES-3-05/2024 (Mahkamah Sesyen)
Procedural Posture
Criminal (offences Under Akta Pemuliharaan Hidupan Liar 2010) / Appeal by Prosecution Against Decision at Close of Prosecution (prima Facie Ruling)
Outcome
Prosecution failed to establish prima facie case; accused discharged and released; prosecution's case not called to defence
Legal Topics
Prima Facie Case, Possession/‘menyimpan’, Care or Management of Premises, Admissibility of Previous Statements (s.32 Evidence Act), Rebuttable Presumptions (s.114 Evidence Act), Common Intention (s.34 Penal Code), Permit Requirement (s.11 Akta 716)
Source Language
Malay/English
Criminal Law Wildlife Conservation Law Evidence Law Criminal Procedure Prima Facie Case Possession/‘menyimpan’ Care or Management of Premises Admissibility of Previous Statements (s.32 Evidence Act) +3 more

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Parties

PENDAKWARAYA

Prosecution

TAN BAK LIM@TAN BAK LENG

Accused/defendant

TAN LIK SENG

Accused/defendant

Procedural Posture

Criminal (offences Under Akta Pemuliharaan Hidupan Liar 2010) / Appeal by Prosecution Against Decision at Close of Prosecution (prima Facie Ruling)

Legal Issues

  1. 1 Whether prosecution proved a prima facie case at close of its case
  2. 2 Whether the accused had the requisite actus reus of 'menyimpan' (possession/custody) of protected wildlife parts at the alleged premises
  3. 3 Whether seized items were protected species under Akta 716

Ratio Decidendi

Prosecution failed to prove essential elements of possession ('menyimpan') and common intention: evidence of presence and municipal ownership alone did not establish care or management of the premises or exclusive control; failure to call and properly prove unavailability of the material witness (domestic worker) created reasonable doubt; accordingly no prima facie case existed and accused were correctly discharged.

Court Disposition

Prosecution failed to establish prima facie case; accused discharged and released; prosecution's case not called to defence

Orders

  • All accused discharged and released from all charges
  • Accused not called to enter defence