MIN LIN NAING TUN

MIN LIN NAING TUN

Accused was guilty of being in Malaysia without valid travel documents under s6(1)(c) Immigration Act 1959/63; given the rampancy of illegal immigration and public interest in deterrence, a custodial sentence is appropriate despite a guilty plea; court sentenced the accused to 4 months imprisonment effective from first mention date.

Citation
DJ-83-874-07/2023 (Mahkamah Majistret)
Parties
Prosecutor: Public Prosecutor; Accused: Min Lin Naing Tun (aka Alias Bin Ibrahim)
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
9 August 2023
Case Number
DJ-83-874-07/2023 (Mahkamah Majistret)
Procedural Posture
Criminal / Judgment
Outcome
Accused found guilty under s6(1)(c) Immigration Act 1959/63 and sentenced to imprisonment.
Legal Topics
Sentencing, Immigration Act 1959 S6(1)(c), Plea of Guilty, Public Interest, Mitigation, Aggravating Factors, Deterrence, Rampancy of Offence
Source Language
Malay/English
Criminal Law Immigration Law Sentencing Immigration Act 1959 S6(1)(c) Plea of Guilty Public Interest Mitigation Aggravating Factors +2 more

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Parties

Public Prosecutor

Prosecutor

Min Lin Naing Tun (aka Alias Bin Ibrahim)

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused was in Malaysia without valid travel documents contrary to s6(1)(c) Immigration Act 1959/63
  2. 2 What is the appropriate sentence having regard to mitigating and aggravating factors, plea of guilty and public interest

Ratio Decidendi

Accused was guilty of being in Malaysia without valid travel documents under s6(1)(c) Immigration Act 1959/63; given the rampancy of illegal immigration and public interest in deterrence, a custodial sentence is appropriate despite a guilty plea; court sentenced the accused to 4 months imprisonment effective from first mention date.

Court Disposition

Accused found guilty under s6(1)(c) Immigration Act 1959/63 and sentenced to imprisonment.

Orders

  • Sentenced to 4 months imprisonment effective from date of first mention of this case.