Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Default imprisonment

  • 24 Sept 2024

    NGUYEN VAN TIEN

    Citation
    CB-42ES-1-05/2024 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    CB-42ES-1-05/2024 (Mahkamah Tinggi)

    The court held that s.68(2)(c) should not be read to multiply the statutory minimum per every individual part in a manner that produces an unreasonable or absurd aggregate; the minimum RM150,000 applies to an offence involving a fully protected animal or its parts/derivatives as a unitary sentencing unit rather than mechanically per listed fragment. Applying that interpretation and considering mitigation and proportionality the Sessions Court's fine of RM300,000 was reasonable and is affirmed, but the default imprisonment and substantive custodial term were excessive and were reduced to 12 mo…

  • 24 Sept 2024

    NGUYEN VAN TIEN

    Citation
    CB-42ES-2-05/2024 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    CB-42ES-2-05/2024 (Mahkamah Tinggi)

    Section 68(2)(c) is to be read so that the statutory minimum fine of RM150,000 applies to an offence involving a fully protected wild animal or any part or derivative as the unit minimum for the offence, not cumulatively per discrete part in a way that produces an absurd or disproportionate total; Sessions Court fine of RM300,000 is lawful and is upheld; the default imprisonment in lieu of unpaid fine was excessive and is reduced to 12 months; the substantive custodial sentence is reduced from 48 months to 24 months.