TAN CHANG KEONG

TAN CHANG KEONG

The court found prosecution proved all essential elements of trafficking for the purpose of exploitation (forced labour) under Section 12 Akta 670 beyond reasonable doubt—victims lacked passports and permits, wages were controlled by an agent, and the circumstances amounted to coercion and abuse of legal process; the accused's sworn denial and late production of payment documents failed to raise reasonable doubt; accused convicted on all four counts and sentenced accordingly.

Citation
JA-62ATIP-(9-12)-05/2018 (Mahkamah Sesyen)
Parties
Prosecutor: Pendakwa Raya; Accused: Tan Chang Keong
Court
9-12
Jurisdiction
Malaysia
Judgment Date
1 June 2020
Case Number
JA-62ATIP-(9-12)-05/2018 (Mahkamah Sesyen)
Procedural Posture
Criminal Trafficking in Persons (akta Antipemerdagangan Orang Dan Antipenyeludupan Migran 2007, Akta 670) / Appeal Against Conviction and Sentence From Sessions Court
Outcome
Accused convicted on all four counts of trafficking in persons under Section 12 Akta 670; sentenced to three years' imprisonment and fined RM2,500 on each count; imprisonment terms to run concurrently; default imprisonment six months for each fine; execution of imprisonment was ordered but previously suspended on...
Legal Topics
Trafficking in Persons, Forced Labour, Exploitation, Evidence and Burden of Proof, Sentencing Principles, Abuse of Legal Process
Source Language
Malay/English
Criminal Law Human Trafficking Immigration Law Labour Law Sentencing Trafficking in Persons Forced Labour Exploitation +3 more

Case Brief

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Parties

Pendakwa Raya

Prosecutor

Tan Chang Keong

Accused

Procedural Posture

Criminal Trafficking in Persons (akta Antipemerdagangan Orang Dan Antipenyeludupan Migran 2007, Akta 670) / Appeal Against Conviction and Sentence From Sessions Court

Legal Issues

  1. 1 Whether the accused trafficked persons for the purpose of exploitation (forced labour) under Section 12 Akta 670
  2. 2 Whether prosecution proved all elements of trafficking beyond reasonable doubt
  3. 3 Whether the defence raised a reasonable doubt sufficient to exonerate the accused

Ratio Decidendi

The court found prosecution proved all essential elements of trafficking for the purpose of exploitation (forced labour) under Section 12 Akta 670 beyond reasonable doubt—victims lacked passports and permits, wages were controlled by an agent, and the circumstances amounted to coercion and abuse of legal process; the accused's sworn denial and late production of payment documents failed to raise reasonable doubt; accused convicted on all four counts and sentenced accordingly.

Court Disposition

Accused convicted on all four counts of trafficking in persons under Section 12 Akta 670; sentenced to three years' imprisonment and fined RM2,500 on each count; imprisonment terms to run concurrently; default imprisonment six months for each fine; execution of imprisonment was ordered but previously suspended on...

Orders

  • Convicted of four counts under Section 12 Akta 670
  • Sentenced to 3 years' imprisonment on each count from date of decision; terms to run concurrently