1. ) ITH EAMY 2. ) DIONG YEOU CHIN

1. ) ITH EAMY 2. ) DIONG YEOU CHIN

On the totality of credible evidence the prosecution proved beyond reasonable doubt all elements of section 12 Act 670: victims were non‑children, were procured/retained for exploitation (forced labour) by unlawful means (illegal entry, passport retention, absence of permits, confinement, excessive hours, withheld wages, debt‑bondage) and coercion was established by threats, confinement and abuse of legal process; common intention between the two accused was inferable from their coordinated actions and documentary and witness evidence; accordingly both accused were convicted and sentenced and statutory compensation under section 66A was ordered.

Citation
BL-62ATIP-63-09/2022 (Mahkamah Sesyen)
Parties
Prosecution: Pendakwa Raya; Accused: Ith Eamy; Accused: Diong Yeou Chin
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
6 December 2024
Case Number
BL-62ATIP-63-09/2022 (Mahkamah Sesyen)
Procedural Posture
Criminal Human Trafficking (anti‑trafficking in Persons and Anti‑smuggling of Migrants Act 2007, Act 670) / Judgment and Sentencing (conviction and Sentencing Delivered)
Outcome
Both accused convicted on all charges under section 12 of the Anti‑Trafficking in Persons and Anti‑Smuggling of Migrants Act 2007 (Act 670) read with section 34 Penal Code; sentenced to imprisonment and fines and ordered to pay statutory compensation under section 66A Act 670.
Legal Topics
Trafficking in Persons, Forced Labour, Debt Bondage, Coercion, Compensation Under Section 66 a, Joint Criminal Intention, Evidence and Credibility
Source Language
Malay/English
Criminal Law Human Trafficking Immigration Law Labour Law Trafficking in Persons Forced Labour Debt Bondage Coercion +3 more

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Parties

Pendakwa Raya

Prosecution

Ith Eamy

Accused

Diong Yeou Chin

Accused

Procedural Posture

Criminal Human Trafficking (anti‑trafficking in Persons and Anti‑smuggling of Migrants Act 2007, Act 670) / Judgment and Sentencing (conviction and Sentencing Delivered)

Legal Issues

  1. 1 Whether the prosecution proved elements of trafficking under section 12 ATIPSOM (Act 670)
  2. 2 Whether exploitation in the form of forced labour was established
  3. 3 Whether coercion existed (threats, confinement, passport retention, debt bondage)

Ratio Decidendi

On the totality of credible evidence the prosecution proved beyond reasonable doubt all elements of section 12 Act 670: victims were non‑children, were procured/retained for exploitation (forced labour) by unlawful means (illegal entry, passport retention, absence of permits, confinement, excessive hours, withheld wages, debt‑bondage) and coercion was established by threats, confinement and abuse of legal process; common intention between the two accused was inferable from their coordinated actions and documentary and witness evidence; accordingly both accused were convicted and sentenced and statutory compensation under section 66A was ordered.

Court Disposition

Both accused convicted on all charges under section 12 of the Anti‑Trafficking in Persons and Anti‑Smuggling of Migrants Act 2007 (Act 670) read with section 34 Penal Code; sentenced to imprisonment and fines and ordered to pay statutory compensation under section 66A Act 670.

Orders

  • Both accused convicted on all counts under section 12 Act 670 read with section 34 Penal Code.
  • For offence relating to SP1 (case BL-62ATIP-66-09/2022): each accused sentenced to 5 years imprisonment and fined RM5,000.00; default in payment of fine results in 6 months imprisonment.