1. ) ITH EAMY 2. ) DIONG YEOU CHIN

1. ) ITH EAMY 2. ) DIONG YEOU CHIN

The court found the prosecution proved beyond reasonable doubt all elements of s12 ATIPSOM read with s34: the victims were non‑children and were acquired/retained for labour exploitation; means of exploitation included illegal entry, retention of passports, absence of work permits, confiscation/withholding of wages, confinement and debt bondage; T1 and T2 acted in concert with common intention to traffic and exploit the victims. As a result both accused were convicted on all charges, sentenced to concurrent 5‑year terms with specified fines per victim, and ordered to pay statutory compensation under s66A within one month with default imprisonment alternatives.

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
6 December 2024
Case Number
BL-62ATIP-63-09/2022 (Mahkamah Sesyen)
Procedural Posture
Criminal Human Trafficking (anti‑trafficking in Persons and Anti‑smuggling of Migrants Act 2007 Act 670) / Judgment and Sentencing (sessions Court)
Outcome
Both defendants (ITH EAMY and DIONG YEOU CHIN) convicted under s12 Anti‑Trafficking in Persons and Anti‑Smuggling of Migrants Act 2007 read with s34 Penal Code; sentenced and ordered to pay compensation under s66A Act 670.
Legal Topics
Trafficking in Persons, Forced Labour, Debt Bondage, Common Intention (s34 Penal Code), Compensation Under S66 a ATIPSOM
Source Language
Malay/English
Criminal Law Immigration Law Human Rights Law Trafficking in Persons Forced Labour Debt Bondage Common Intention (s34 Penal Code) Compensation Under S66 a ATIPSOM

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Parties

Pendakwa Raya

Prosecution

ITH EAMY

Defendant

DIONG YEOU CHIN

Defendant

Procedural Posture

Criminal Human Trafficking (anti‑trafficking in Persons and Anti‑smuggling of Migrants Act 2007 Act 670) / Judgment and Sentencing (sessions Court)

Legal Issues

  1. 1 Whether prosecution proved elements of s12 ATIPSOM: non‑child victims, acquisition/retention of labour for exploitation, means (coercion/abuse)
  2. 2 Whether T1 and T2 acted with common intention under s34 Penal Code
  3. 3 Whether conduct constituted forced labour/exploitation and involved coercion, debt bondage, passport retention and illegal entry

Ratio Decidendi

The court found the prosecution proved beyond reasonable doubt all elements of s12 ATIPSOM read with s34: the victims were non‑children and were acquired/retained for labour exploitation; means of exploitation included illegal entry, retention of passports, absence of work permits, confiscation/withholding of wages, confinement and debt bondage; T1 and T2 acted in concert with common intention to traffic and exploit the victims. As a result both accused were convicted on all charges, sentenced to concurrent 5‑year terms with specified fines per victim, and ordered to pay statutory compensation under s66A within one month with default imprisonment alternatives.

Court Disposition

Both defendants (ITH EAMY and DIONG YEOU CHIN) convicted under s12 Anti‑Trafficking in Persons and Anti‑Smuggling of Migrants Act 2007 read with s34 Penal Code; sentenced and ordered to pay compensation under s66A Act 670.

Orders

  • Conviction: guilty on all trafficking charges under s12 ATIPSOM read with s34 Penal Code.
  • Sentence: For offence concerning SP1 (case BL-62ATIP-66-09/2022) each accused sentenced to 5 years imprisonment and fined RM5,000.00; default in payment: 6 months imprisonment.