1. ) ITH EAMY 2. ) DIONG YEOU CHIN

1. ) ITH EAMY 2. ) DIONG YEOU CHIN

The court found beyond reasonable doubt that prosecution proved all statutory elements of trafficking under s.12 read with s.2 and that T1 and T2 jointly acquired and retained the victims for labour exploitation: victims were smuggled, worked without permits, had passports withheld, lived in degrading communal accommodation, suffered wage deductions, debt bondage and confinement, and were threatened and in one instance physically detained. Coercion existed in statutory forms (threat/physical restraint, scheme causing belief of harm, abuse of legal process). Joint intent inferred from collaborative conduct and financial benefit. Consequently both defendants convicted under s.12 read with...

Citation
BL-62ATIP-64-09/2022 (Mahkamah Sesyen)
Parties
Prosecution: Pendakwa Raya; Defendant: ITH EAMY; Defendant: DIONG YEOU CHIN
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
4 November 2024
Case Number
BL-62ATIP-64-09/2022 (Mahkamah Sesyen)
Procedural Posture
Criminal: Human Trafficking Under ATIPSOM (akta 670) / Conviction and Sentencing (trial Court Judgment)
Outcome
Both defendants convicted on all trafficking charges and sentenced; compensation ordered to victims
Legal Topics
Human Trafficking, Forced Labour, Debt Bondage, Exploitation, Compensation Under S.66 a ATIPSOM, Common Intention (s.34 Kanun Keseksaan), Evidence and Witness Credibility
Source Language
Malay/English
Criminal Law Anti‑trafficking Law Immigration Law Labour Law Human Trafficking Forced Labour Debt Bondage Exploitation +3 more

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Parties

Pendakwa Raya

Prosecution

ITH EAMY

Defendant

DIONG YEOU CHIN

Defendant

Procedural Posture

Criminal: Human Trafficking Under ATIPSOM (akta 670) / Conviction and Sentencing (trial Court Judgment)

Legal Issues

  1. 1 Whether prosecution proved elements of trafficking under s.12 ATIPSOM (acquisition/retention of labour for exploitation)
  2. 2 Whether exploitation (forced labour, debt bondage, withheld passports, confinement, non‑payment) was established
  3. 3 Whether coercion existed within statutory meaning (threats, physical restraint, schemes causing belief of harm, abuse of legal process)

Ratio Decidendi

The court found beyond reasonable doubt that prosecution proved all statutory elements of trafficking under s.12 read with s.2 and that T1 and T2 jointly acquired and retained the victims for labour exploitation: victims were smuggled, worked without permits, had passports withheld, lived in degrading communal accommodation, suffered wage deductions, debt bondage and confinement, and were threatened and in one instance physically detained. Coercion existed in statutory forms (threat/physical restraint, scheme causing belief of harm, abuse of legal process). Joint intent inferred from collaborative conduct and financial benefit. Consequently both defendants convicted under s.12 read with...

Court Disposition

Both defendants convicted on all trafficking charges and sentenced; compensation ordered to victims

Orders

  • T1 (ITH EAMY) and T2 (DIONG YEOU CHIN) convicted under Section 12, Akta 670 read with Section 34, Kanun Keseksaan
  • For victim SP1 (case BL-62ATIP-66-09/2022): each defendant sentenced to 5 years' imprisonment and a fine of RM5,000; default in payment of fine: 6 months imprisonment