Fadley Faisal
The High Court dismissed a Customs offender’s appeal against his “excessive fine” citing some mitigating factors yesterday.
Haji Nurhassimie bin Mohd Faizal was fined BND201,740 after a trial on October 6, 2022 on charges of possessing smuggled cigarettes and booze. He would have to serve two years’ jail in default of payment of the fine.
Deputy Public Prosecutor Nor ‘Adliatul Hidayah binti Haji Mohd Zaidi who represented the Public Prosecutor revealed that Customs officers intercepted a van at a traffic light in Kampong Sungai Buloh on the evening of July 16, 2020, driven by an Indonesian man and the appellant as passenger.
Officers unearthed 150 cartons of cigarettes and 54 beer cartons in the van and arrested the men.
The appellant represented by lawyer Wafa Mohamad of Messrs Ridzlan and Co in the High Court contended to the fine imposed, raising the appellant’s “lesser culpability”, young age, “exemplary character” of being a breadwinner to support his parents and seven siblings, and the delay in bringing the case.
Chief Justice Dato Seri Paduka Steven Chong saw no difference in culpability and found the appellant equally culpable with the Indonesian man in loading the smuggled goods into the van for delivery, other than the fact that the Indonesian man drove the van.
“Notwithstanding the mitigating factors advanced on behalf of the appellant considering he was convicted after a trial, the fine imposed… is not excessive,” the Chief Justice concluded.
