MI KHIN MYO NWE

MI KHIN MYO NWE

Accused pleaded guilty to being in Malaysia without valid travel documents contrary to Section 6(1)(c) Immigration Act 1959/63; given the rampancy of illegal entry and public interest in deterrence, the court exercised discretion to impose a custodial sentence of four months rather than a fine, finding that mitigation did not outweigh need for deterrence.

Citation
DJ-83-876-07/2023 (Mahkamah Majistret)
Parties
Prosecutor: Deputy Public Prosecutor, Kelantan Darul Naim: Nur Akmal Mohd Bakri; Accused: MI KHIN MYO NEW (also noted as Alias Bin Ibrahim)
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
9 August 2023
Case Number
DJ-83-876-07/2023 (Mahkamah Majistret)
Procedural Posture
Criminal / Sentencing
Outcome
Accused found guilty under Section 6(1)(c) Immigration Act 1959/63 and sentenced to imprisonment.
Legal Topics
Principle of Sentencing, Immigration Act 1959 S6(1)(c), Plea of Guilty, Public Interest, Sentencing Mitigation and Aggravation, Rampancy of Offence
Source Language
Malay/English
Criminal Law Immigration Law Principle of Sentencing Immigration Act 1959 S6(1)(c) Plea of Guilty Public Interest Sentencing Mitigation and Aggravation Rampancy of Offence

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Parties

Deputy Public Prosecutor, Kelantan Darul Naim: Nur Akmal Mohd Bakri

Prosecutor

MI KHIN MYO NEW (also noted as Alias Bin Ibrahim)

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether the accused was in Malaysia without valid travel documents contrary to Section 6(1)(c) Immigration Act 1959/63
  2. 2 What sentence is appropriate given plea of guilty, mitigation, aggravating factors and public interest
  3. 3 Whether custodial sentence is justified as deterrence given rampancy of offence

Ratio Decidendi

Accused pleaded guilty to being in Malaysia without valid travel documents contrary to Section 6(1)(c) Immigration Act 1959/63; given the rampancy of illegal entry and public interest in deterrence, the court exercised discretion to impose a custodial sentence of four months rather than a fine, finding that mitigation did not outweigh need for deterrence.

Court Disposition

Accused found guilty under Section 6(1)(c) Immigration Act 1959/63 and sentenced to imprisonment.

Orders

  • Accused is sentenced to 4 months imprisonment effective from the date of first mention of this case.