MOHAMAD RAFIQ ROSHIDULLAH

MOHAMAD RAFIQ ROSHIDULLAH

Accused validly entered an unreserved guilty plea to permitting three illegal immigrants to stay on his premises under Section 55E; the court accepted the prosecution facts as exhibit P1 and, considering seriousness, public interest, and sentencing principles, imposed RM5,000 per immigrant (total RM15,000) and a concurrent custodial term of 8 months, with default imprisonment for non-payment of fine.

Citation
KG-83-92-02/2026 (Mahkamah Majistret)
Parties
Prosecutor: PENDAKWA RAYA; Accused: MOHAMAD RAFIQ ROSHIDULLAH
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
22 February 2026
Case Number
KG-83-92-02/2026 (Mahkamah Majistret)
Procedural Posture
Criminal Immigration Offence / Convicted and Sentenced (magistrate Court)
Outcome
Accused convicted under Section 55E Immigration Act 1959/63 and sentenced
Legal Topics
Harbouring Illegal Immigrants, Section 55 E Immigration Act 1959/63, Plea of Guilty Safeguards, Sentencing Principles, Public Interest and Deterrence, UNHCR Card Legal Effect
Source Language
Malay/English
Immigration Law Criminal Law Sentencing Law Harbouring Illegal Immigrants Section 55 E Immigration Act 1959/63 Plea of Guilty Safeguards Sentencing Principles Public Interest and Deterrence +1 more

Case Brief

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Parties

PENDAKWA RAYA

Prosecutor

MOHAMAD RAFIQ ROSHIDULLAH

Accused

Procedural Posture

Criminal Immigration Offence / Convicted and Sentenced (magistrate Court)

Legal Issues

  1. 1 Whether accused unlawfully permitted illegal immigrants to remain on premises contrary to Section 55E
  2. 2 Whether accused's UNHCR card mitigates criminal responsibility
  3. 3 Appropriate sentence and fine within statutory limits and in light of public interest

Ratio Decidendi

Accused validly entered an unreserved guilty plea to permitting three illegal immigrants to stay on his premises under Section 55E; the court accepted the prosecution facts as exhibit P1 and, considering seriousness, public interest, and sentencing principles, imposed RM5,000 per immigrant (total RM15,000) and a concurrent custodial term of 8 months, with default imprisonment for non-payment of fine.

Court Disposition

Accused convicted under Section 55E Immigration Act 1959/63 and sentenced

Orders

  • Convicted under Section 55E(1) Immigration Act 1959/63 (Act 155)
  • Sentence: 8 months imprisonment from date of arrest