THU ZAR WAI

Accuseds pleaded guilty to being in Malaysia without valid travel documents under section 6(1)(c) Immigration Act 1959/63; given the rampancy of such offences and the need for general deterrence the court imposed a custodial sentence of five months imprisonment under section 6(3).

Citation: DJ-83-984-10/2023 (Mahkamah Majistret)
Parties: Prosecution: Deputy Public Prosecutor; Accused: Yee Yee Soe; Accused: Thu Zar Wai
Court: Magistrates' Court
Jurisdiction: Malaysia
Judgment Date: 7 November 2023
Case Number: DJ-83-984-10/2023 (Mahkamah Majistret)
Procedural Posture: Criminal / Conviction and Sentencing
Outcome: Accuseds found guilty and each sentenced to five months imprisonment.
Legal Topics: Sentencing Principles, Immigration Act 1959/63, Illegal Entry, Plea of Guilty
Source Language: Malay/English

Criminal Law Immigration Law Sentencing Sentencing Principles Immigration Act 1959/63 Illegal Entry Plea of Guilty

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Parties

Deputy Public Prosecutor

Prosecution

Yee Yee Soe

Accused

Thu Zar Wai

Accused

Procedural Posture

Criminal / Conviction and Sentencing

Legal Issues

1 Whether the accuseds committed the offence under section 6(1)(c) Immigration Act 1959/63
2 Appropriate sentence in light of rampancy of illegal immigration and public interest
3 Effect of plea of guilty on sentencing and mitigation

Ratio Decidendi

Court Disposition

Accuseds found guilty and each sentenced to five months imprisonment.

Orders

Each accused sentenced to 5 months imprisonment under section 6(3) Immigration Act 1959/63
Sentence to take effect immediately