1. ) ITH EAMY 2. ) DIONG YEOU CHIN

1. ) ITH EAMY 2. ) DIONG YEOU CHIN

Court found prosecution proved all elements of s12 ATIPSOM read with s34: victims were non-children trafficked by acquisition and retention for exploitation (forced labour) using means including illegal smuggling, passport retention, confinement, debt-bondage, wage manipulation and threats/assault; common intention of T1 and T2 established; defences rejected; accordingly both accused convicted on all counts and sentenced and ordered to pay specified fines and statutory compensation under s66A, with default imprisonment provisions enforced.

Citation
BL-62ATIP-68-09/2022 (Mahkamah Sesyen)
Parties
Prosecutor: Pendakwa Raya; Accused: Ith Eamy; Accused: Diong Yeou Chin
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
6 December 2024
Case Number
BL-62ATIP-68-09/2022 (Mahkamah Sesyen)
Procedural Posture
Criminal (human Trafficking) / Trial Judgment and Sentencing
Outcome
Both accused convicted on all trafficking charges under section 12 ATIPSOM read with section 34 Penal Code; sentenced to imprisonment and fines; ordered to pay statutory compensation under s66A with default imprisonment for non-payment; sentences to run concurrently.
Legal Topics
Forced Labour, Debt Bondage, Exploitation, Common Intention (s34), Compensation Order (s66 A), Unlawful Entry/smuggling
Source Language
Malay/English
Criminal Law Human Trafficking Immigration Law Labour Law Forced Labour Debt Bondage Exploitation Common Intention (s34) +2 more

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Parties

Pendakwa Raya

Prosecutor

Ith Eamy

Accused

Diong Yeou Chin

Accused

Procedural Posture

Criminal (human Trafficking) / Trial Judgment and Sentencing

Legal Issues

  1. 1 Whether prosecution proved elements of trafficking under section 12 ATIPSOM
  2. 2 Whether exploitation in the form of forced labour and debt bondage was established
  3. 3 Whether means of coercion (smuggling, retention of passports, confinement, threats/assault, legal-process abuse) were proven

Ratio Decidendi

Court found prosecution proved all elements of s12 ATIPSOM read with s34: victims were non-children trafficked by acquisition and retention for exploitation (forced labour) using means including illegal smuggling, passport retention, confinement, debt-bondage, wage manipulation and threats/assault; common intention of T1 and T2 established; defences rejected; accordingly both accused convicted on all counts and sentenced and ordered to pay specified fines and statutory compensation under s66A, with default imprisonment provisions enforced.

Court Disposition

Both accused convicted on all trafficking charges under section 12 ATIPSOM read with section 34 Penal Code; sentenced to imprisonment and fines; ordered to pay statutory compensation under s66A with default imprisonment for non-payment; sentences to run concurrently.

Orders

  • T1 and T2 convicted on all counts under section 12, Act 670 read with section 34 Penal Code
  • For SP1 (case BL-62ATIP-66-09/2022): each accused sentenced to 5 years' imprisonment and fined RM5,000; default fine term 6 months imprisonment