1. ) ITH EAMY 2. ) DIONG YEOU CHIN

1. ) ITH EAMY 2. ) DIONG YEOU CHIN

Court found beyond reasonable doubt that defendants together acquired, transported and retained Cambodian workers by smuggling them into Malaysia, withholding passports, imposing debt bondage, restricting movement, imposing unfair pay deductions and using threats/violence; these facts satisfied the statutory elements of trafficking for exploitation under s.12 ATIPSOM and common intention under s.34 Penal Code, warranting conviction, concurrent custodial sentences of 5 years and fines, and statutory compensation under s.66A.

Citation
BL-62ATIP-63-09/2022 (Mahkamah Sesyen)
Parties
Prosecution: PENDAKWA RAYA; Defendant: ITH EAMY; Defendant: DIONG YEOU CHIN
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
28 November 2024
Case Number
BL-62ATIP-63-09/2022 (Mahkamah Sesyen)
Procedural Posture
Criminal Human Trafficking (atipsom) / Conviction and Sentencing; Compensation Order
Outcome
Defendants Ith Eamy and Diong Yeou Chin convicted on all counts of trafficking (s.12 ATIPSOM read with s.34 Penal Code); sentenced and ordered to pay compensation.
Legal Topics
Forced Labour, Debt Bondage, Trafficking in Persons, Joint Liability (s.34 Penal Code), Compensation Order (s.66 a Atipsom)
Source Language
Malay/English
Criminal Law Human Trafficking Immigration Law Forced Labour Debt Bondage Trafficking in Persons Joint Liability (s.34 Penal Code) Compensation Order (s.66 a Atipsom)

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Parties

PENDAKWA RAYA

Prosecution

ITH EAMY

Defendant

DIONG YEOU CHIN

Defendant

Procedural Posture

Criminal Human Trafficking (atipsom) / Conviction and Sentencing; Compensation Order

Legal Issues

  1. 1 Whether the elements of trafficking under s.12 ATIPSOM were proven (acquisition/retention for exploitation)
  2. 2 Whether exploitation in form of forced labour, debt bondage and coercion existed
  3. 3 Whether defendants acted with common intention under s.34 Penal Code

Ratio Decidendi

Court found beyond reasonable doubt that defendants together acquired, transported and retained Cambodian workers by smuggling them into Malaysia, withholding passports, imposing debt bondage, restricting movement, imposing unfair pay deductions and using threats/violence; these facts satisfied the statutory elements of trafficking for exploitation under s.12 ATIPSOM and common intention under s.34 Penal Code, warranting conviction, concurrent custodial sentences of 5 years and fines, and statutory compensation under s.66A.

Court Disposition

Defendants Ith Eamy and Diong Yeou Chin convicted on all counts of trafficking (s.12 ATIPSOM read with s.34 Penal Code); sentenced and ordered to pay compensation.

Orders

  • For offence concerning SP1 (BL-62ATIP-66-09/2022): Each defendant sentenced to 5 years imprisonment and a fine of RM5,000; default 6 months imprisonment if fine not paid.
  • For offences concerning 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 respectively): Each defendant sentenced to 5 years imprisonment and a fine of RM4,000 for each victim; default 6 months imprisonment if fine not paid....