JUDGMENT

Faridz Gohim Abdullah JC:

Introduction

[1] This criminal appeal, filed by the Public Prosecutor (Sarawak Forestry Corporation), challenges the inadequacy of the sentence imposed by the Honourable Sessions Court Judge ("the learned SCJ"), Tuan Musli bin Ab Hamid, on 18 September 2023, as stated in the Notice of Appeal filed on 23 April 2024.

[2] For ease of reference, the parties will be referred to as they were in the lower Court : the Public Prosecutor as the Prosecution, and Kamil bin Suteh as the accused.

[3] On 16 April 2025, I have decided on the appeal and dismissed the same accordingly. Dissatisfied with my decision, the Prosecution had filed a Notice of Appeal to the Court of Appeal dated 24 April 2025.

[4] Below are the grounds of my decision.

Brief Background Facts

[5] In the present appeal, the accused was charged with possessing 531 marine turtle eggs (species Chelonidae), which are classified as derivatives of a Totally Protected Animals under s 37(1) of the Wild Life Protection Ordinance, 1998 [Chapter 26]. Upon pleading guilty, the accused was convicted and sentenced to a fine of RM6,372.00 (equivalent to RM12.00 per turtle egg), with a default sentence of six (6) months' imprisonment. The fine was paid in full on the same day.

[6] The brief facts of this case can be found on pp 11 to 12 of the Record of Appeal (ROA).

[7] For ease of reference, the said brief facts are reproduced as follows:

(a) On the 14th day of October 2023 at about 1150 hours, a team led by Sarawak Forestry Corporation's enforcement officer Mr Joshua anak Nyawai had conducted a raid on a residential house No 2, Kampung Telok Melano Sematan, 94500 Lundu, Kuching, Sarawak, which was suspected of selling marine turtle eggs.

(b) During the raid, the team discovered a white polystyrene box in the backyard of the accused's house and a white transparent container in the kitchen containing eggs suspected to be marine turtle eggs.

(c) Further investigation revealed that the white polystyrene box contained four hundred and ninety-nine (499) marine turtle eggs and the white transparent container contained thirty-two (32) marine turtle eggs. The accused was in possession of a total of five hundred and thirty-one (531) turtle eggs and had failed to show that he had any valid permission in writing from the Controller of Wild Life to have in possession such marine turtle eggs.

(d) The examination of the 531 turtle eggs by Biodiversity Conservation and Research Division of the Sarawak Forestry Corporation confirmed that the eggs are marine turtle eggs (species of Chelonidae) all of which are species listed as Totally Protected Animals in Part I of the First Schedule of the Wild Life Protection Ordinance, 1998 and in possession of such species without license or the permission in writing of the Controller of Wild Life is an offence under s 37(1) of the Wild Life Protection Ordinance, 1998 and punishable under s 37(2)(a) and 29(1)(c) of the same Ordinance, and would, upon conviction, be punishable with imprisonment for two years and a fine of twenty-five thousand ringgit per individual animal part.

[8] The examination was conducted by one, SALVIA SEMBAI ANAK ETTIN, a Wildlife Officer (G44) of Fauna Research and Conservation (Marine) Section, Biodiversity Conservation and Research Division, Sarawak Forestry Corporation.

[9] The examination results state:

"The evidence consisted of 531 pieces fresh exhibit specimen basic morphological characteristic is eggs belong to marine turtle belong to (species of Chelonidae) as verified by comparison with reference specimens in Encyclopedia of Turtles" by Dr Peter CH. Pritchard (1979). The species is listed as Totally Protected Animals under the Wild Life Protection Ordinance, 1998 and listed as ENDANGERED in the International Union for Conservation of Nature's Red List of Threatened Species (lUCN Red List) and Appendix I of the Convention on lnternational Trade in Endangered Species ofFlora and Fauna (CITES)" [p 29 ROA].

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