1. ) ITH EAMY 2. ) DIONG YEOU CHIN

1. ) ITH EAMY 2. ) DIONG YEOU CHIN

The court found prosecution proved all elements of s.12: T1 and T2 acquired and retained migrants for exploitation by deception and coercion (illegal entry, withholding passports, withholding/pay deductions, confinement, debt bondage and threats), acted with common intention, and victims' consent is irrelevant; accordingly both accused convicted and sentenced and ordered to pay statutory compensation under s.66A, Act 670, with specified amounts and defaults.

Citation
BL-62ATIP-66-09/2022 (Mahkamah Sesyen)
Parties
Prosecutor: Pendakwa Raya; Accused (t1): Ith Eamy; Accused (t2): Diong Yeou Chin
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
6 December 2024
Case Number
BL-62ATIP-66-09/2022 (Mahkamah Sesyen)
Procedural Posture
Criminal Human Trafficking (atipsom) / Trial Judgment and Sentencing
Outcome
Both accused convicted on all trafficking charges; sentenced to imprisonment and fines; ordered to pay compensation to victims.
Legal Topics
Trafficking in Persons, Forced Labour, Debt Bondage, Exploitation, Coercion, Common Intention, Compensation Under Section 66 a
Source Language
Malay/English
Criminal Law Human Trafficking Immigration Law Employment Law Trafficking in Persons Forced Labour Debt Bondage Exploitation +3 more

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Parties

Pendakwa Raya

Prosecutor

Ith Eamy

Accused (t1)

Diong Yeou Chin

Accused (t2)

Procedural Posture

Criminal Human Trafficking (atipsom) / Trial Judgment and Sentencing

Legal Issues

  1. 1 Whether prosecution proved offence under s.12 ATIPSOM (trafficking non-children)
  2. 2 Whether elements of exploitation/forced labour and coercion were established
  3. 3 Whether T1 and T2 acted with common intention under s.34 penal code

Ratio Decidendi

The court found prosecution proved all elements of s.12: T1 and T2 acquired and retained migrants for exploitation by deception and coercion (illegal entry, withholding passports, withholding/pay deductions, confinement, debt bondage and threats), acted with common intention, and victims' consent is irrelevant; accordingly both accused convicted and sentenced and ordered to pay statutory compensation under s.66A, Act 670, with specified amounts and defaults.

Court Disposition

Both accused convicted on all trafficking charges; sentenced to imprisonment and fines; ordered to pay compensation to victims.

Orders

  • Accused Ith Eamy (T1) and Diong Yeou Chin (T2) convicted on all counts under s.12, Act 670 read with s.34 Penal Code.
  • For victim SP1 (case BL-62ATIP-66-09/2022): Each accused sentenced to 5 years imprisonment and fined RM5000; default in payment: 6 months imprisonment.