1. ) ITH EAMY 2. ) DIONG YEOU CHIN

1. ) ITH EAMY 2. ) DIONG YEOU CHIN

The court held that prosecution proved beyond reasonable doubt all elements of trafficking under section 12 ATIPSOM: acquisition and retention of labour, exploitation in the form of forced labour and debt bondage, exercise of coercion (including abduction, threats, detention and withholding of passports), and common intention between the two accused; accordingly both accused were convicted under section 12 and sentenced, and statutory compensation under s66A was awarded to each victim based on harm, loss and defendants' capacity to pay.

Citation
BL-62ATIP-65-09/2022 (Mahkamah Sesyen)
Parties
Prosecution: Pendakwa Raya; Defendant: ITH EAMY; Defendant: DIONG YEOU CHIN
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
6 December 2024
Case Number
BL-62ATIP-65-09/2022 (Mahkamah Sesyen)
Procedural Posture
Criminal Human Trafficking (atipsom) / Judgment and Sentencing (reasons for Judgment)
Outcome
Both defendants convicted under section 12 ATIPSOM (read with section 34 Penal Code) and sentenced; statutory compensation ordered to victims under section 66A ATIPSOM.
Legal Topics
Trafficking in Persons, Forced Labour, Debt Bondage, Common Intention (s34), Victim Compensation (s66 A), Credibility of Witnesses
Source Language
Malay/English
Criminal Law Human Trafficking Law Immigration Law Labour Law Procedure and Evidence Trafficking in Persons Forced Labour Debt Bondage +3 more

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Parties

Pendakwa Raya

Prosecution

ITH EAMY

Defendant

DIONG YEOU CHIN

Defendant

Procedural Posture

Criminal Human Trafficking (atipsom) / Judgment and Sentencing (reasons for Judgment)

Legal Issues

  1. 1 Whether prosecution proved elements of section 12 ATIPSOM (trafficking non-child for exploitation)
  2. 2 Whether victims were subjected to forced labour/exploitation
  3. 3 Whether coercion or other means of compulsion existed

Ratio Decidendi

The court held that prosecution proved beyond reasonable doubt all elements of trafficking under section 12 ATIPSOM: acquisition and retention of labour, exploitation in the form of forced labour and debt bondage, exercise of coercion (including abduction, threats, detention and withholding of passports), and common intention between the two accused; accordingly both accused were convicted under section 12 and sentenced, and statutory compensation under s66A was awarded to each victim based on harm, loss and defendants' capacity to pay.

Court Disposition

Both defendants convicted under section 12 ATIPSOM (read with section 34 Penal Code) and sentenced; statutory compensation ordered to victims under section 66A ATIPSOM.

Orders

  • Both defendants convicted on all six charges under section 12, Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007 read with section 34 Penal Code.
  • For victim SP1 (case BL-62ATIP-66-09/2022): each defendant sentenced to 5 years imprisonment and fined RM5,000.00; in default of fine 6 months imprisonment.