Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Poaching
  • 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.