PENDAKWARAYA Puan Nur Farah Adilah binti Nordin 1. ) Yap Eng Hoe 2. ) Jerael Tan Chang Ngiap

PENDAKWARAYA Puan Nur Farah Adilah binti Nordin 1. ) Yap Eng Hoe 2. ) Jerael Tan Chang Ngiap

The court held the prosecution adduced credible evidence establishing all elements of an offence under s373(1)(a) Penal Code (keeping/managing a brothel) read with s34 (common intention); the premises constituted a brothel; accused YAP ENG HOE and JERAEL TAN CHANG NGIAP were found to have managed/assisted management and were convicted and sentenced to six years' imprisonment from 8 September 2020.

Citation
WA-62JS-14-07/2019 (Mahkamah Sesyen)
Parties
Prosecutor: PENDAKWA RAYA; Accused: YAP ENG HOE; Accused: JERAEL TAN CHANG NGIAP
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
8 September 2020
Case Number
WA-62JS-14-07/2019 (Mahkamah Sesyen)
Procedural Posture
Criminal Alleged Management of Brothel Under Penal Code / Trial Judgment Following Prosecution and Defence Evidence; Conviction and Sentencing
Outcome
Accused YAP ENG HOE and JERAEL TAN CHANG NGIAP found guilty under s373(1)(a) Penal Code read with s34 Penal Code; each sentenced to six years' imprisonment effective from 8 September 2020.
Legal Topics
Brothel Management, Prostitution, Atipsom/anti‑trafficking Intelligence, Prima Facie Case, Impeachment of Witnesses, Chain of Custody, Sentencing Principles
Source Language
Malay/English
Criminal Law Evidence Law Brothel Management Prostitution Atipsom/anti‑trafficking Intelligence Prima Facie Case Impeachment of Witnesses Chain of Custody +1 more

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Parties

PENDAKWA RAYA

Prosecutor

YAP ENG HOE

Accused

JERAEL TAN CHANG NGIAP

Accused

Procedural Posture

Criminal Alleged Management of Brothel Under Penal Code / Trial Judgment Following Prosecution and Defence Evidence; Conviction and Sentencing

Legal Issues

  1. 1 Whether accused kept, managed or assisted in management of a brothel under s373(1)(a) Penal Code
  2. 2 Whether the premises constituted a 'brothel' under s373(2) Penal Code
  3. 3 Whether the prosecution adduced a prima facie case under s173(h)(iii) CPC

Ratio Decidendi

The court held the prosecution adduced credible evidence establishing all elements of an offence under s373(1)(a) Penal Code (keeping/managing a brothel) read with s34 (common intention); the premises constituted a brothel; accused YAP ENG HOE and JERAEL TAN CHANG NGIAP were found to have managed/assisted management and were convicted and sentenced to six years' imprisonment from 8 September 2020.

Court Disposition

Accused YAP ENG HOE and JERAEL TAN CHANG NGIAP found guilty under s373(1)(a) Penal Code read with s34 Penal Code; each sentenced to six years' imprisonment effective from 8 September 2020.

Orders

  • Convicted under s373(1)(a) Penal Code read with s34 Penal Code
  • Sentenced to six (6) years imprisonment each from 8 September 2020