PUTRAJAYA: The Court of Appeal has reinstated a four-year jail sentence originally imposed by the Sessions Court on a Vietnamese man for keeping 54 parts of a protected leopard species without a special permit.
A three-member bench comprising Justices Datuk Hashim Hamzah, Datuk Mohamed Zaini Mazlan and Datuk Noorin Badaruddin allowed the prosecution's appeal to overturn the Temerloh High Court's decision, which had earlier reduced Nguyen Van Tien's jail term to two years.
Justice Hashim, who delivered the court's unanimous decision, said that the judiciary takes wildlife-related offences seriously.
"Therefore, the sentence imposed by the High Court is set aside, and the four-year jail sentence imposed by the Sessions Court is reinstated, effective from the date of arrest," he said.
The fine of RM300,000 in default of 12 months' imprisonment imposed by the High Court remains unchanged.
The prosecution had appealed against the High Court's decision to reduce the prison sentence but did not challenge the fine.
On Feb 24, 2024, Nguyen, 34, pleaded guilty at the Sessions Court to the charge of keeping parts of a leopard (Panthera pardus), a protected species, without a special permit in the National Park, Pahang at about 12.30pm on Dec 12, 2023.
He was charged under Section 68(1)(b) of the Wildlife Conservation Act 2010 and sentenced under Section 68(2)(c) of the same law.
Nguyen was sentenced to four years' imprisonment and fined RM300,000, in default of four years' jail, effective from the date of his arrest on Dec 12, 2023.
In October last year, the High Court reduced the sentence to two years while maintaining the fine in default of 12 months' jail.
During proceedings, Deputy Public Prosecutor Aznee Salmie Ahmad argued that the reduced prison sentence would send the wrong message, portraying Malaysia as a lenient jurisdiction for foreign offenders involved in trans-boundary wildlife crimes.
She said that Nguyen's actions had not only harmed the environment but also impacted the sovereignty of Malaysian law, thus warranting a stern custodial sentence.
Representing himself through an interpreter, Nguyen told the court that he had come to Malaysia in search of work and claimed that he received the leopard meat from other Vietnamese acquaintances to take home, adding that he was unaware of Malaysian laws.
He apologised and pleaded for the two-year sentence to be maintained, saying he wished to return to Vietnam.
Nguyen also told the court that he is responsible for supporting his elderly parents and young children in Vietnam, noting that his wife is unemployed. – Bernama
