PUTRAJAYA: The Temerloh High Court has reduced the prison sentence of a Vietnamese man to two years for keeping 54 leopard parts without a special permit last year.
Judge Justice Roslan Mat Nor, however, upheld the RM300,000 fine, in default of 12 months’ jail, imposed by the Sessions Court on Nguyen Van Tien.
The Sessions Court had sentenced Nguyen to four years’ imprisonment, a fine of RM300,000, in default of four years’ imprisonment, after he pleaded guilty to the offence.
In his 34-page judgment, which was uploaded on the judiciary’s website, Justice Roslan allowed Nguyen’s appeal to reduce the prison sentence but dismissed the prosecution’s appeal to increase the fine amount.
He said a two-year prison sentence was more appropriate based on the facts and circumstances of the case, Bernama reported.
He also pointed out that the term of imprisonment for failure to pay the fine set by the Sessions Court did not consider the interests of justice.
In his judgment, dated Oct 18, Justice Roslan said the sentencing process is important in a criminal proceeding.
“It is the most difficult and requires scrutiny of the principles of sentencing principles, facts and circumstances of a case. It should not be influenced by the public’s sentiment or view of an offence,” he said.
On Feb 24 this year, Nguyen pleaded guilty in the Sessions Court to the charge of keeping parts of a leopard (Panthera pardus), which is a protected species, without a special permit in the National Park, Pahang, at about 12.30pm, on Dec 12 last year.
He was charged under Section 68(1) (b) of the Wildlife Conservation Act 2010. Both parties then appealed to the High Court against the Sessions Court’s decision regarding the sentence.
