Abang Hassimsah and Jong after the proceeding.
KUCHING (April 23): The High Court here dismissed the prosecution’s appeal and upheld a fine of RM39,660 in default six months’ imprisonment imposed on a man who pleaded guilty to illegally possessing 1,322 turtle eggs in 2023.
Justice Wong Siong Tung, in delivering his decision, held that the court found no error in principle in the case involving the respondent Abang Hassimsah Abang Zainal, 60.
The decision was made after the court reviewed the appeal filed on March 2, 2026 by deputy public prosecutor Ronald Felix Hardin from the State Attorney-General’s Chambers, who represented the Sarawak Forestry Corporation.
The respondent was represented by counsel Jong Yee Ling.
On April 25, 2024, Sessions Court judge Iris Awen Jon sentenced the respondent to a fine of RM30 for each turtle egg after he pleaded guilty to possessing 1,322 turtle eggs without permission from the Controller of Wildlife.
The offence was committed at a commercial premises in Taman Lee Ling, Jalan Matang on July 15, 2023 at about 10am.
The charge was framed under Section 37(1) of the Wild Life Protection Ordinance 1998, punishable under Section 37(2)(a) read together with Section 29(1)(c).
This brought the total fine to RM39,660, with a default sentence of six months’ imprisonment.
Justice Wong said the Sessions Court judge had provided detailed grounds of judgment, taking into account the seriousness of the offence, the large quantity of turtle eggs involved, and the need for deterrence.
He added that the sentence imposed complied with the Ordinance, noting that the Wild Life Crime Sentencing Guidelines and Sentencing Guidelines Calculator, introduced in 2022 and 2024 respectively, serve only as guidance for trial judges.
He said judges retain the discretion to determine an appropriate sentence after considering both aggravating and mitigating factors.
“In the circumstances, the (prosecution’s) appeal is dismissed and the sentence imposed by the Sessions Court is upheld,” he said.
