KAY LYA THO

KAY LYA THO

Accused pleaded guilty to being in Malaysia without valid travel documents under Section 6(1)(c) Immigration Act 1959/63; court found plea unequivocal, gave weight to rampancy and public interest and exercised discretion to impose a custodial sentence of 4 months to deter illegal entry; plea of guilt did not warrant a non-custodial or minimal sentence in these circumstances.

Citation
DJ-83-881-07/2023 (Mahkamah Majistret)
Parties
Deputy Public Prosecutor: Nur Akmal Mohd Bakri; Accused: Alias Bin Ibrahim
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
9 August 2023
Case Number
DJ-83-881-07/2023 (Mahkamah Majistret)
Procedural Posture
Criminal Immigration / Sentencing/judgment
Outcome
Accused found guilty and sentenced to imprisonment.
Legal Topics
Sentencing, Illegal Entry, Section 6(1)(c) Immigration Act 1959/63, Plea of Guilty, Public Interest, Deterrence
Source Language
Malay/English
Criminal Law Immigration Law Sentencing Illegal Entry Section 6(1)(c) Immigration Act 1959/63 Plea of Guilty Public Interest Deterrence

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Parties

Nur Akmal Mohd Bakri

Deputy Public Prosecutor

Alias Bin Ibrahim

Accused

Procedural Posture

Criminal Immigration / Sentencing/judgment

Legal Issues

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

Ratio Decidendi

Accused pleaded guilty to being in Malaysia without valid travel documents under Section 6(1)(c) Immigration Act 1959/63; court found plea unequivocal, gave weight to rampancy and public interest and exercised discretion to impose a custodial sentence of 4 months to deter illegal entry; plea of guilt did not warrant a non-custodial or minimal sentence in these circumstances.

Court Disposition

Accused found guilty and sentenced to imprisonment.

Orders

  • Accused sentenced to 4 months imprisonment effective from first mention date.