Reduced sentence for having bear parts
Published on: Saturday, April 13, 2019
Kota Kinabalu: A local rubber tapper from Pitas who was jailed two years and fined RM50,000 for having body parts of Malayan sun bears without a permit, had his sentence reduced by the High Court, Friday.Judge Datuk Nurchaya Hj Arshad allowed Jupilin Mojungkat’s appeal against the decision of a lower court and substituted the jail and fine sentences to a fine of RM15,000 or six months jail.ADVERTISEMENT
Nurchaya held that she was aware that it was a serious offence where the Wildlife Conservation on protected animals need to be maintained and protected with the law being the guardian to see that illegal wildlife poachers will be harshly punished.
“In this case, where the appellant who had been charged in possession of protected animals and animal products - four sun bears paws and its gallbladder, no doubt it appears appalling to the human senses and logically the perpetrator i.e. the appellant should be severely punished.
“However, having being informed of the appellant’s antecedent i.e. he works as a rubber tapper with a monthly income of RM130, uneducated and being in residence from the deep interior of Pitas, it is obvious that he has no knowledge of the recent changes of sentencing policy against protected wildlife.
“I believe that if he had the advantage of knowing that the sentencing policy against such act, has been increased from a punitive penalty previously into custodial sentence; subjectively, he will refrain from such wrongdoing and also that he was not the actual perpetrator but merely a person who was asked to sell such animal products,” held Nurchaya.ADVERTISEMENT
Jupilin, 42, was on July 5, 2018, was sentenced to two years’ jail and fined RM50,000 or six months’ jail after he pleaded guilty at the Sessions Court here for having four bear paws and one gall bladder at 11.45am on Aug 20, 2016, at the KK 56 Food Court in Asia City, here.
The body parts of the endangered species are fully protected under the Wildlife Conservation Enactment 1997.
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The offence under Section 41(1) of the Wildlife Conservation Enactment 1997 provides for a fine of up to RM50,000 or a jail term of up to five years, or both, on conviction.
Counsel Kimberly Ye, representing Jupilin submitted among others that the sentence passed was manifestly excessive and applied for a sentence of fine only to him.Stay up-to-date by following Daily Express’s Telegram channel.
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Nurchaya also ordered that the bail of RM10,000 on Jupilin, who was on a stay of execution of the jail sentence, be refunded.
Deputy Public Prosecutor (DPP) Khairuddin Mohd Idris submitted among others that it was a rampant offence and that the trend of sentencing imposed was quite high. – Jo Ann Mool