EFFA SULISTIWATI

EFFA SULISTIWATI

The court accepted the prosecution facts and the accused's guilty plea but, after weighing mitigation against public interest and deterrence, concluded that a custodial sentence of two years from date of arrest was appropriate and lawful; whipping was excluded because the accused is female.

Citation
BF-83-488-12/2023 (Mahkamah Majistret)
Parties
Accused: EFFA SULISTIWA; Prosecutor: Pendakwa Raya
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
29 December 2023
Case Number
BF-83-488-12/2023 (Mahkamah Majistret)
Procedural Posture
Criminal (immigration) / Conviction and Sentencing (magistrates' Court)
Outcome
Accused convicted and sentenced to imprisonment.
Legal Topics
Illegal Entry, Guilty Plea Mitigation, Public Interest Deterrence, Corporal Punishment Exemption
Source Language
Malay/English
Immigration Law Criminal Law Sentencing Law Illegal Entry Guilty Plea Mitigation Public Interest Deterrence Corporal Punishment Exemption

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Parties

EFFA SULISTIWA

Accused

Pendakwa Raya

Prosecutor

Procedural Posture

Criminal (immigration) / Conviction and Sentencing (magistrates' Court)

Legal Issues

  1. 1 Whether the accused entered and remained in Malaysia without valid travel documents contrary to section 6(1)(c) Immigration Act 1959
  2. 2 Appropriate sentence having regard to guilty plea, public interest and deterrence
  3. 3 Whether corporal punishment (whipping) is applicable to the accused under section 289 Criminal Procedure Code

Ratio Decidendi

The court accepted the prosecution facts and the accused's guilty plea but, after weighing mitigation against public interest and deterrence, concluded that a custodial sentence of two years from date of arrest was appropriate and lawful; whipping was excluded because the accused is female.

Court Disposition

Accused convicted and sentenced to imprisonment.

Orders

  • Accused convicted under section 6(1)(c) Immigration Act 1959 and sentenced to 2 years imprisonment from date of arrest
  • Whipping (corporal punishment) not ordered pursuant to section 289 Criminal Procedure Code