Wong Siong Tung J:

Brief Backgrounds

[1] To avoid confusion, the Court will refer to the parties as they were referred to in the Sessions Court, namely, the Prosecution as "the Prosecution" and the Accused as "the Accused."

[2] On 6 September 2024, the Accused pleaded guilty before the Sessions Court in Sarikei to a charge of possessing a fishing appliance, namely a trawl net, on a vessel in Malaysian fisheries waters on 14 February 2023 without a licence, in contravention of s 11(3)(b) of the Fisheries Act 1985 .

[3] Following the guilty plea, the Sessions Court convicted the Accused and imposed a sentence of a fine of RM8,000.00, with six (6) months' imprisonment in default of payment.

[4] The Sessions Court did not make an order under s 33(1) of the Fisheries Act 1985 for cancellation of licence or permit as no such licence or permit was issued in relation to the seized trawl net (Exhibit P20).

[5] However, pursuant to s 52(1) of the same Act, the Sessions Court ordered the forfeiture of the trawl net (Exhibit P20) and the proceeds from the sale of fish (Exhibit P8), amounting to RM250.00, to the Government of Malaysia.

[6] The Sessions Court also ordered the return of one b