27 May 2024
1. ) RAZ INTAN DEVELOPMENT SDN.BHD. 2. ) ZULAIHA BINTI MOHD AZAM
- Citation
- AC-87-200-05/2021 (Mahkamah Majistret)
- Court
- Magistrates' Court
- Case number
- AC-87-200-05/2021 (Mahkamah Majistret)
Prosecution proved both essential elements: the accused sold palm fruit in March, April and May 2020 and lacked a valid MPOB licence for that period. Regulation 5(1)(b) creates a strict liability offence so mens rea need not be proved. The court validly amended charges to rely on s68(1)(a) MPOB Act without prejudice. On maximum evaluation of prosecution evidence a prima facie case existed and convictions were warranted; sentencing focused on deterrence and public interest leading to fines and default imprisonment terms as ordered.