SIBU: The High Court today dismissed a 46-year-old man’s appeal, upholding his one-month jail and RM500 fine, in default seven days’ jail, for violating Sarawak’s Minor Offences Ordinance 1958.
Ling Tiew Sing of Jalan Rantau Panjang was indicted on January 21 last year in the Magistrates’ Court for possessing a substantial quantity of cigarettes of various brands, along with alcoholic beverages and firecrackers, suspected of being unlawfully obtained at his home in Rantau Panjang Jaya on August 29, 2024.
He pleaded guilty before Magistrate Oon Kok Chern, who, satisfied that he understood the nature and consequences of his plea, sentenced him to one month’s jail and a RM500 fine, in default seven days’ jail.
Ling subsequently appealed the conviction and sentence, filing a notice of appeal on February 3 last year.
In his ruling, High Court Judge Wong Siong Tung said the magistrate’s recorded plea was voluntary, unequivocal and valid, leaving no reason to interfere with the conviction.
He noted that under Section 37(1) of the Minor Offences Ordinance, which allows up to three months’ imprisonment and a RM500 fine, the sentence was within statutory limits.
Justice Wong added that the scale and variety of the items indicated the offence was not trivial, and a custodial element was appropriate to reflect the seriousness of the offence and serve as a deterrent.
“In these circumstances, the sentence cannot be said to be excessive or wrong in principle. Accordingly, the appeal is dismissed, and the Magistrate’s conviction and sentence are affirmed,” he concluded.
Deputy Public Prosecutor Mark Kenneth Netto submitted that the appeal had no merit.
He said the conviction was safe, the guilty plea was properly recorded, and the sentence was lawful, proportionate, and well within statutory limits.
Netto explained that the Magistrate considered the seriousness of the offence, the large quantity and commercial scale of the goods, potential loss of government revenue, public safety, and the need for deterrence.
“The one-month jail and RM500 fine is measured, restrained, and significantly below the statutory maximum, reflecting due consideration of the guilty plea and mitigation factors,” he said, urging the court to dismiss the appeal entirely.
