The High Court in Malacca today upheld the RM70,000 fine meted out by a lower court on a vocational college student who operated a dental service without a licence.
In his judgment, judge Ahmad Nasfy Yasin said the decision by the Sessions Court judge was apt to be upheld as the case became viral on the social media.
The court upheld the fine as a lesson to the offender and the public to respect the court’s decision, he said, adding that the court also took into account that she was not working.
In upholding the sentence meted out by the Sessions Court, Justice Ahmad Nasfy dismissed an appeal by the prosecution for Nur Farahanis Ezatty Adli to be sentenced to imprisonment.
The court dismissed the prosecution’s appeal on grounds that Nur Farahanis had learned her lesson and promised to not repeat the mistake, he added.
The Sessions Court on Sept 29 last year fined her RM70,000 or six months’ jail in default, after she pleaded guilty to the charge of operating a dental service without a licence.
Nur Farahanis, from Alor Setar, Kedah, was charged with operating a dental clinic at Bakti Homestay, Jalan Bukit Katil, at 10.15 pm on Jan 25 last year.
She was charged under Section 4(1) of the Private Healthcare Facilities and Services Act 1998, which provides a fine of not more than RM300,000, or imprisonment for up to six years, or both, upon conviction.
Deputy public prosecutor from the Health Ministry Fairuz Syuhada Amran prosecuted, while Nur Farahanis was represented by lawyer Haslida Abu Bakar.