1. ) ITH EAMY 2. ) DIONG YEOU CHIN

1. ) ITH EAMY 2. ) DIONG YEOU CHIN

The court found the prosecution proved beyond reasonable doubt that defendants jointly trafficked the Cambodian victims for labour exploitation: victims were smuggled, had passports retained, worked without permits, lived in degraded collective accommodation, endured excessive hours, wage deductions and debt bondage, and were subject to threats and physical restraint; coercion and exploitation elements under s2 and s12 ATIPSOM were satisfied and common intention established under s34; defendants convicted and sentenced and ordered to pay statutory compensation under s66A read with relevant provisions of the Criminal Procedure Code.

Citation
BL-62ATIP-66-09/2022 (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-66-09/2022 (Mahkamah Sesyen)
Procedural Posture
Criminal Human Trafficking (atipsom) / Conviction and Sentencing
Outcome
Defendants ITH EAMY and DIONG YEOU CHIN convicted on all counts under section 12 Anti‑Trafficking in Persons and Anti‑Smuggling of Migrants Act 2007 read with section 34 Penal Code; sentenced to imprisonment and fines; ordered to pay compensation under section 66A Act 670.
Legal Topics
Trafficking in Persons, Forced Labour, Debt Bondage, Coercion, Compensation Under S66 a, Common Intention (s34)
Source Language
Malay/English
Criminal Law Human Trafficking Immigration Law Labour Law Trafficking in Persons Forced Labour Debt Bondage Coercion +2 more

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Parties

Pendakwa Raya

Prosecution

ITH EAMY

Accused

DIONG YEOU CHIN

Accused

Procedural Posture

Criminal Human Trafficking (atipsom) / Conviction and Sentencing

Legal Issues

  1. 1 Whether prosecution proved offence under section 12 ATIPSOM read with section 34 Penal Code
  2. 2 Whether elements of trafficking were established: non-child status, acquisition/retention, exploitation, coercion
  3. 3 Whether exploitation amounted to forced labour/debt bondage

Ratio Decidendi

The court found the prosecution proved beyond reasonable doubt that defendants jointly trafficked the Cambodian victims for labour exploitation: victims were smuggled, had passports retained, worked without permits, lived in degraded collective accommodation, endured excessive hours, wage deductions and debt bondage, and were subject to threats and physical restraint; coercion and exploitation elements under s2 and s12 ATIPSOM were satisfied and common intention established under s34; defendants convicted and sentenced and ordered to pay statutory compensation under s66A read with relevant provisions of the Criminal Procedure Code.

Court Disposition

Defendants ITH EAMY and DIONG YEOU CHIN convicted on all counts under section 12 Anti‑Trafficking in Persons and Anti‑Smuggling of Migrants Act 2007 read with section 34 Penal Code; sentenced to imprisonment and fines; ordered to pay compensation under section 66A Act 670.

Orders

  • For victim SP1 (BL-62ATIP-66-09/2022): each defendant sentenced to 5 years imprisonment and fined RM5,000; default in payment of fine -> 6 months imprisonment.
  • For victims SP2, SP3, SP4, SP5 and SP6 (BL-62ATIP-68-09/2022, BL-62ATIP-67-09/2022, BL-62ATIP-64-09/2022, BL-62ATIP-65-09/2022 and BL-62ATIP-63-09/2022): each defendant sentenced to 5 years imprisonment and fined RM4,000 for each victim; default in payment of fine -> 6 months imprisonment.