1. ) ITH EAMY 2. ) DIONG YEOU CHIN

1. ) ITH EAMY 2. ) DIONG YEOU CHIN

Court found prosecution proved all essential elements of s.12 ATIPSOM: victims were smuggled into Malaysia, deprived of passports, worked without permits, subjected to debt bondage, confined and coerced; defendants acted in common intention to procure and retain labour for exploitation; therefore defendants convicted under s.12 read with s.34 and sentenced; statutory compensation under s.66A ordered based on harm, loss of earnings, prolonged exploitation and defendants' means.

Citation
BL-62ATIP-66-09/2022 (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-66-09/2022 (Mahkamah Sesyen)
Procedural Posture
Criminal Human Trafficking (atipsom Act 670) / Trial Judgment and Sentencing
Outcome
Defendants Ith Eamy and Diong Yeou Chin convicted on all trafficking charges under s.12 ATIPSOM read with s.34 Penal Code; sentenced and ordered to pay compensation under s.66A ATIPSOM.
Legal Topics
Trafficking in Persons, Forced Labour, Debt Bondage, Retention of Passport, Coercion, Compensation Order, Sentencing
Source Language
Malay/English
Criminal Law Human Trafficking Immigration Law Labour Law Trafficking in Persons Forced Labour Debt Bondage Retention of Passport +3 more

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Parties

Pendakwa Raya

Prosecution

Ith Eamy

Defendant

Diong Yeou Chin

Defendant

Procedural Posture

Criminal Human Trafficking (atipsom Act 670) / Trial Judgment and Sentencing

Legal Issues

  1. 1 Whether the elements of trafficking under s.12 ATIPSOM were proven (procurement/retention for exploitation)
  2. 2 Whether victims were subjected to forced labour and debt bondage (exploitation)
  3. 3 Whether coercion existed (threats, physical restraint, abuse of legal process)

Ratio Decidendi

Court found prosecution proved all essential elements of s.12 ATIPSOM: victims were smuggled into Malaysia, deprived of passports, worked without permits, subjected to debt bondage, confined and coerced; defendants acted in common intention to procure and retain labour for exploitation; therefore defendants convicted under s.12 read with s.34 and sentenced; statutory compensation under s.66A ordered based on harm, loss of earnings, prolonged exploitation and defendants' means.

Court Disposition

Defendants Ith Eamy and Diong Yeou Chin convicted on all trafficking charges under s.12 ATIPSOM read with s.34 Penal Code; sentenced and ordered to pay compensation under s.66A ATIPSOM.

Orders

  • For charge concerning SP1 (BL-62ATIP-66-09/2022): each defendant sentenced to 5 years imprisonment and fined RM5,000; default in payment of fine results in 6 months imprisonment.
  • For charges 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): for each victim each defendant sentenced to 5 years imprisonment and fined RM4,000; default in payment of fine results in 6 months imprisonment;...