Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Possession of fishing gear

Legal area

Court

18 Oct 2023

1. ) ZAKARIA BIN DRAMAN (NAKHODA) 2. ) WAN ISA BIN WAN MAMAT 3. ) RASHID BIN DRAMAN

Citation

DA-41ES-1-09/2022 (Mahkamah Tinggi)
Court

High Court
Case number

DA-41ES-1-09/2022 (Mahkamah Tinggi)

Magistrate properly found the defence consistently raised a probable explanation and reasonable doubt which prosecution failed to dispel due to investigative and evidential gaps; absent misdirection by the trial judge the appellate court will not disturb those factual findings, therefore appeal is dismissed and acquittal stands.
11 Mar 2022

AH-83ES-1-12/2020 (Mahkamah Majistret)

Citation

AH-83ES-1-12/2020 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

AH-83ES-1-12/2020 (Mahkamah Majistret)

Prosecution proved that defendants had control/possession of parts of a trawl (two tow ropes and gallow hook) on the vessel at the material time and lacked a valid licence; the statutory presumption in s11(4) Fisheries Act therefore arose and defence failed to rebut it on the balance of probabilities, so the court was satisfied of guilt beyond reasonable doubt and convicted and sentenced the defendants.