1. ) ITH EAMY 2. ) DIONG YEOU CHIN

1. ) ITH EAMY 2. ) DIONG YEOU CHIN

The court held that prosecution proved beyond a prima facie standard that T1 and T2 acquired, transported and retained Cambodian workers and exploited them for forced labour using means including illegal smuggling, retention of passports, debt bondage, confinement and threats; the defendants acted with common intention under section 34; consent was irrelevant; therefore both defendants convicted under section 12 Akta 670 read with section 34 and ordered to pay statutory compensation under section 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
6 December 2024
Case Number
BL-62ATIP-63-09/2022 (Mahkamah Sesyen)
Procedural Posture
Criminal Human Trafficking / Conviction and Sentencing
Outcome
Both defendants convicted on all counts and sentenced; compensation ordered to victims.
Legal Topics
Trafficking in Persons, Forced Labour / Exploitation, Debt Bondage, Common Intention (s.34 Kk), Victim Compensation (s.66 a Akta 670), Evidence and Credibility, Sentencing
Source Language
Malay/English
Criminal Law Human Trafficking Immigration Law Labour Law Trafficking in Persons Forced Labour / Exploitation Debt Bondage Common Intention (s.34 Kk) +3 more

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Parties

Pendakwa Raya

Prosecution

Ith Eamy

Defendant

Diong Yeou Chin

Defendant

Procedural Posture

Criminal Human Trafficking / Conviction and Sentencing

Legal Issues

  1. 1 Whether prosecution proved all elements of trafficking under section 12 Akta 670 read with section 34 Penal Code
  2. 2 Whether victims were subjected to exploitation/forced labour for the purposes of trafficking
  3. 3 Whether means of coercion (smuggling, retention of passports, debt bondage, threats, confinement) were proved

Ratio Decidendi

The court held that prosecution proved beyond a prima facie standard that T1 and T2 acquired, transported and retained Cambodian workers and exploited them for forced labour using means including illegal smuggling, retention of passports, debt bondage, confinement and threats; the defendants acted with common intention under section 34; consent was irrelevant; therefore both defendants convicted under section 12 Akta 670 read with section 34 and ordered to pay statutory compensation under section 66A.

Court Disposition

Both defendants convicted on all counts and sentenced; compensation ordered to victims.

Orders

  • T1 and T2 convicted under section 12 Akta 670 read with section 34 Penal Code.
  • For the offence relating to SP1 (BL-62ATIP-66-09/2022): each defendant sentenced to 5 years imprisonment and fined RM5,000; default 6 months imprisonment if fine not paid.