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2012 MarsdenLR 1797

HIGH COURT MALAYA SHAH ALAM
PP – Appellant
Versus
SHAHRUL AZUWAN ADANAN & ANOR – Respondent


Table of Content
1. (Para 1 , 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8)

[1] In the Magistrates Court the respondents were charged with 30 counts under s 44(1)(d) of the Animals Act 1953 ("the Act") for cruelty against 30 cats under their care. They pleaded guilty to the charges and were sentenced to a fine of RM200 in default one month imprisonment for each charge. They paid the fine. The prosecution dissatisfied with the sentence and now appeals for the sentence to be enhanced.

The Facts

[2] The two respondents were carrying on a cat boarding business under the style and name of "PETKNODE ONLINE PET STORE" located at No. F0001B Level 1, Season Square Plaza, Jalan PJU 10/3 Damansara Damai. The fees for their services were paid online. In an online promotional posting the respondents proudly proclaimed: "We are always committed to make sure that your cat gets more with our Good Care services".

[3] This catchy punch line turned out to be just that - a catchy punch line. The cat owners in the present case had left their cats under the care of the respondents when they returned to their kampongs for the 2011 Hari Raya celebration. Food for the cats were provided by the owners themselves. When they re

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