MD SWAPON ISLAM (LELAKI/ BGD/ 25 THN)

MD SWAPON ISLAM (LELAKI/ BGD/ 25 THN)

The court upheld the 4-month imprisonment from date of arrest because the offence was serious involving state/public interest, mitigation from the guilty plea was outweighed by deterrence and absence of significant mitigating factors, and the sentence was proportionate and reasonable.

Citation
DC-62PT-724-09/2025 (Mahkamah Sesyen)
Parties
Prosecutor: Pendakwa Raya; Accused: Md. Swapon Islam
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
21 September 2025
Case Number
DC-62PT-724-09/2025 (Mahkamah Sesyen)
Procedural Posture
Criminal (immigration) / Appeal Against Sentence
Outcome
Appeal dismissed; original sentence of 4 months imprisonment from date of arrest (09.09.2025) upheld.
Legal Topics
Overstaying, Sentence Appeal, Section 15(1)(c) and 15(4) Immigration Act 1959/63, Public Interest Deterrence
Source Language
Malay/English
Immigration Law Criminal Law Sentencing Law Overstaying Sentence Appeal Section 15(1)(c) and 15(4) Immigration Act 1959/63 Public Interest Deterrence

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Parties

Pendakwa Raya

Prosecutor

Md. Swapon Islam

Accused

Procedural Posture

Criminal (immigration) / Appeal Against Sentence

Legal Issues

  1. 1 Whether guilty plea should mitigate sentence
  2. 2 Appropriate sentence for overstaying contrary to Section 15 Immigration Act
  3. 3 Role of public interest and deterrence in sentencing

Ratio Decidendi

The court upheld the 4-month imprisonment from date of arrest because the offence was serious involving state/public interest, mitigation from the guilty plea was outweighed by deterrence and absence of significant mitigating factors, and the sentence was proportionate and reasonable.

Court Disposition

Appeal dismissed; original sentence of 4 months imprisonment from date of arrest (09.09.2025) upheld.

Orders

  • Sentence of 4 months imprisonment from date of arrest 09.09.2025 is confirmed
  • No alteration to sentence granted on appeal