PENDAKWARAYA 1. ) WONG CHEE KONG 2. ) LAM CHAI YIN

PENDAKWARAYA 1. ) WONG CHEE KONG 2. ) LAM CHAI YIN

The High Court found no failure to apply the correct sentencing principles by the Sessions Court; the sentences reflected a balance between mitigation and the gravity of trafficking offences and thus were not interfered with. The prosecution’s demands for increased sentences and an order for compensation were not accepted on the facts and law presented.

Citation
BA-42H-74-10/2019 (Mahkamah Tinggi)
Parties
Perayu (appellant): Pendakwa Raya; Responden (tertuduh): Wong Chee Kong; Responden (tertuduh): Lam Chai Yin
Court
High Court
Jurisdiction
Malaysia
Judgment Date
12 November 2021
Case Number
BA-42H-74-10/2019 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal Under Anti‑trafficking Statutes (atipsom) / High Court Appeal Against Sessions Court Sentences and Refusal to Order Compensation (cross‑appeal by Prosecution)
Outcome
Appeal dismissed. Sentences imposed by the Sessions Court upheld; prosecution’s cross‑appeal for higher sentences and compensation refused.
Legal Topics
Trafficking in Persons, Sentencing Principles, Compensation Under Section 66 a ATIPSOM
Source Language
Malay/English
Criminal Law Human Trafficking Sentencing Law Trafficking in Persons Sentencing Principles Compensation Under Section 66 a ATIPSOM

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Parties

Pendakwa Raya

Perayu (appellant)

Wong Chee Kong

Responden (tertuduh)

Lam Chai Yin

Responden (tertuduh)

Procedural Posture

Criminal Appeal Under Anti‑trafficking Statutes (atipsom) / High Court Appeal Against Sessions Court Sentences and Refusal to Order Compensation (cross‑appeal by Prosecution)

Legal Issues

  1. 1 Whether the sentences imposed by the Sessions Court were manifestly inadequate or excessive
  2. 2 Whether an order for compensation under Section 66A ATIPSOM should have been made
  3. 3 Application of appellate standard for interfering with sentence

Ratio Decidendi

The High Court found no failure to apply the correct sentencing principles by the Sessions Court; the sentences reflected a balance between mitigation and the gravity of trafficking offences and thus were not interfered with. The prosecution’s demands for increased sentences and an order for compensation were not accepted on the facts and law presented.

Court Disposition

Appeal dismissed. Sentences imposed by the Sessions Court upheld; prosecution’s cross‑appeal for higher sentences and compensation refused.

Orders

  • Appeal by Pendakwa Raya dismissed
  • Sentences of 5 years imprisonment for Wong Chee Kong and 7 years imprisonment for Lam Chai Yin upheld