[ ] Kogila A/p Krishnan

[ ] Kogila A/p Krishnan

On the totality of evidence (CCTV, witness testimony, documents, phone images and admissions) the prosecution proved beyond reasonable doubt that the accused carried and facilitated a smuggled migrant in transit through Malaysia by possessing and producing another person's passport and boarding pass, providing similar clothing to effect deception, and accompanying the migrant onto the flight; the accused's defences were inconsistent, amounted to wilful ignorance or afterthoughts and failed to raise reasonable doubt, therefore convicted under s26C ATIPSOM.

Citation
BA-45SOM-25-10/2019 (Mahkamah Tinggi)
Parties
Prosecution: PENDAKWA RAYA; Accused: KOGILA A/P KRISHNAN
Court
High Court
Jurisdiction
Malaysia
Judgment Date
14 July 2023
Case Number
BA-45SOM-25-10/2019 (Mahkamah Tinggi)
Procedural Posture
Criminal / Trial Conviction and Sentencing (appeal Pending and Sentence Suspended)
Outcome
Accused convicted under Section 26C of ATIPSOM; sentenced to four years imprisonment; sentence ordered to run from date of decision; execution of sentence suspended pending appeal.
Legal Topics
Migrant Smuggling in Transit, Section 26 C ATIPSOM, Prima Facie and Burden of Proof, Willful Ignorance, Credibility of Witnesses
Source Language
Malay/English
Criminal Law Immigration Law Anti Human Trafficking Law Child Protection Migrant Smuggling in Transit Section 26 C ATIPSOM Prima Facie and Burden of Proof Willful Ignorance +1 more

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Parties

PENDAKWA RAYA

Prosecution

KOGILA A/P KRISHNAN

Accused

Procedural Posture

Criminal / Trial Conviction and Sentencing (appeal Pending and Sentence Suspended)

Legal Issues

  1. 1 Whether the elements of offence under Section 26C ATIPSOM were established
  2. 2 Whether the accused arranged, facilitated or carried a smuggled migrant in transit through Malaysia
  3. 3 Whether involvement of other uncharged parties absolves the accused

Ratio Decidendi

On the totality of evidence (CCTV, witness testimony, documents, phone images and admissions) the prosecution proved beyond reasonable doubt that the accused carried and facilitated a smuggled migrant in transit through Malaysia by possessing and producing another person's passport and boarding pass, providing similar clothing to effect deception, and accompanying the migrant onto the flight; the accused's defences were inconsistent, amounted to wilful ignorance or afterthoughts and failed to raise reasonable doubt, therefore convicted under s26C ATIPSOM.

Court Disposition

Accused convicted under Section 26C of ATIPSOM; sentenced to four years imprisonment; sentence ordered to run from date of decision; execution of sentence suspended pending appeal.

Orders

  • Accused found guilty of offence under Section 26C ATIPSOM
  • Sentence: Four (4) years imprisonment commencing from date of decision