KUCHING: The High Court here has dismissed the prosecution’s appeal against what it claimed was an inadequate sentence imposed on an elderly man for illegally possessing 1,322 turtle eggs.
High Court Judge Wong Siong Tung ruled that the penalty handed down by the Sessions Court was appropriate and in accordance with the law, affirming a fine of RM39,660 or six months’ imprisonment imposed on Abang Hassimsah Abang Zainal, 60.
Abang Hassimsah had earlier pleaded guilty to possessing turtle eggs of the Chelonidae species without permission from the Controller of Wildlife.
The offence was committed at a premises in Taman Lee Ling, Jalan Matang, at around 10:00 am on July 15, 2023.
He was charged under Section 37(1) of the Wildlife Protection Ordinance 1998, punishable under Section 37(2)(a) read together with Section 29(1)(c) of the same Ordinance.
In sentencing on April 25, 2024, Sessions Court Judge Iris Awen Jon imposed a fine calculated at RM30 per egg, amounting to RM39,660 in total, in default six months’ imprisonment.
In his ruling, Wong held that the fine was substantial and could not be regarded as trivial.
He noted that the rate imposed was consistent with, or even higher than, sentences in comparable cases.
While acknowledging that the large quantity of eggs constituted an aggravating factor, he said it did not automatically warrant a custodial sentence.
The Sessions Court was entitled to conclude that a significant fine was sufficient to meet the ends of justice.
He found that the Sessions Court judge had properly exercised her discretion after considering the circumstances of the case, with no evidence of misdirection or reliance on irrelevant factors.
“The presiding judge has the discretion to determine an appropriate sentence after considering aggravating and mitigating factors,” he said, adding that the Wildlife Crime Sentencing Guidelines and the Wildlife Sentencing Guidelines Calculator (WILDCAL), introduced in 2022 and 2024, serve only as advisory tools.
The High Court, which heard the appeal on March 2, ultimately found no basis to interfere with the lower court’s decision.
“Taking the matter as a whole, this Court is not satisfied that the sentence imposed is manifestly inadequate,” Wong said in dismissing the appeal and affirming the original sentence.
Deputy Public Prosecutor, Ronald Felix Hardin, appeared for the prosecution, while the respondent was represented by counsel, Jong Yee Ling.
