PENDAKWARAYA Mohd Basyaruddin bin Hassan

PENDAKWARAYA Mohd Basyaruddin bin Hassan

Court accepted the unqualified guilty plea, balanced mitigating factors (remorse, poverty, denial of bail and medical treatment, remand time) against aggravating factors and imposed one year imprisonment effective from date of charge (19.11.2020) with credit for prior remand, and ordered the seized motorcycle returned to its lawful owner via Immigration based on ownership evidence.

Citation
AB-45 SOM - 1 - 11/2020 (Mahkamah Tinggi)
Parties
Prosecution: Public Prosecutor; Accused/defendant: Mohd Basyaruddin bin Hassan
Court
High Court
Jurisdiction
Malaysia
Judgment Date
27 April 2021
Case Number
AB-45 SOM - 1 - 11/2020 (Mahkamah Tinggi)
Procedural Posture
Criminal Anti Trafficking/smuggling / Sentencing After Guilty Plea
Outcome
Accused convicted under section 26J of Act 670 and sentenced to one year imprisonment; sentence to take effect from 19.11.2020 with credit for prior remand; motorcycle ordered returned to owner.
Legal Topics
Conveyance of Smuggled Migrants, Sentence Mitigation and Aggravation, Bail and Remand, Forfeiture and Return of Conveyance, Application of SOSMA Vs Penal Code, Credit for Time Served
Source Language
Malay/English
Criminal Law Immigration Law Anti Trafficking and Smuggling Security Offences (sosma) Criminal Procedure Constitutional Law Conveyance of Smuggled Migrants Sentence Mitigation and Aggravation +4 more

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Parties

Public Prosecutor

Prosecution

Mohd Basyaruddin bin Hassan

Accused/defendant

Procedural Posture

Criminal Anti Trafficking/smuggling / Sentencing After Guilty Plea

Legal Issues

  1. 1 Appropriate sentence for conveyance of smuggled migrants under section 26J of Act 670
  2. 2 Whether offence is to be treated as a security offence under SOSMA and impact on sentencing
  3. 3 Whether denial of bail and lack of medical treatment constitute mitigating factors

Ratio Decidendi

Court accepted the unqualified guilty plea, balanced mitigating factors (remorse, poverty, denial of bail and medical treatment, remand time) against aggravating factors and imposed one year imprisonment effective from date of charge (19.11.2020) with credit for prior remand, and ordered the seized motorcycle returned to its lawful owner via Immigration based on ownership evidence.

Court Disposition

Accused convicted under section 26J of Act 670 and sentenced to one year imprisonment; sentence to take effect from 19.11.2020 with credit for prior remand; motorcycle ordered returned to owner.

Orders

  • Accused convicted under section 26J of Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007 (Act 670).
  • Sentence: one year imprisonment, to take effect from date of charge 19.11.2020; credit given for approximately 5.5 months remand.