AZUAN

AZUAN

The court held that because the accused pleaded guilty only after the commencement of trial (a prosecution witness had already given evidence), sections 172G/172D entitling up to 50% reduction did not apply; applying sentencing principles and considering aggravating and mitigating factors the court affirmed conviction and imposed 54 months imprisonment, RM20,000 fine (6 months default), forfeiture of the vessel to the Government, deportation to country of origin on completion of sentence and permanent ban from entering Malaysia.

Citation
JB-45SOM-2-09/2019 (Mahkamah Tinggi)
Parties
Prosecutor: Pendakwa Raya; Accused: Azuan
Court
High Court
Jurisdiction
Malaysia
Judgment Date
27 September 2021
Case Number
JB-45SOM-2-09/2019 (Mahkamah Tinggi)
Procedural Posture
Criminal Human Smuggling / Sentencing and Judgment on Appeal
Outcome
Appeal dismissed; conviction and sentence affirmed
Legal Topics
Sentencing, Guilty Plea / Plea Bargaining, Statutory Interpretation, Forfeiture, Deportation and Blacklisting
Source Language
Malay/English
Criminal Law Immigration Law Human Trafficking / Migrant Smuggling Sentencing Guilty Plea / Plea Bargaining Statutory Interpretation Forfeiture Deportation and Blacklisting

Case Brief

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Parties

Pendakwa Raya

Prosecutor

Azuan

Accused

Procedural Posture

Criminal Human Smuggling / Sentencing and Judgment on Appeal

Legal Issues

  1. 1 Whether accused qualified for 50% sentence reduction under sections 172G/172D given timing of guilty plea
  2. 2 Proper quantum of sentence for migrant smuggling under ATIPSOM 2007 (ss.26A/26J) and related immigration offences
  3. 3 Whether vessel should be forfeited and accused deported and blacklisted permanently

Ratio Decidendi

The court held that because the accused pleaded guilty only after the commencement of trial (a prosecution witness had already given evidence), sections 172G/172D entitling up to 50% reduction did not apply; applying sentencing principles and considering aggravating and mitigating factors the court affirmed conviction and imposed 54 months imprisonment, RM20,000 fine (6 months default), forfeiture of the vessel to the Government, deportation to country of origin on completion of sentence and permanent ban from entering Malaysia.

Court Disposition

Appeal dismissed; conviction and sentence affirmed

Orders

  • Imprisonment for 54 months commencing from date of arrest
  • Denda RM20,000.00 (if failed to pay, substituted imprisonment 6 months)