1. ) ITH EAMY 2. ) DIONG YEOU CHIN

1. ) ITH EAMY 2. ) DIONG YEOU CHIN

On the evidence the court found all statutory elements of trafficking proved: victims were acquired/retained and exploited for forced labour, deprived of documents, worked without permits, subjected to debt bondage and threats; T1 and T2 acted jointly with common intention to exploit and profit. Consent was immaterial. Accordingly both defendants were convicted under s12 ATIPSOM read with s34 Penal Code and compensation ordered under s66A ATIPSOM read with KPJ provisions.

Citation
BL-62ATIP-64-09/2022 (Mahkamah Sesyen)
Parties
Prosecution: Public Prosecutor; Defendant: ITH EAMY; Defendant: DIONG YEOU CHIN
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
6 December 2024
Case Number
BL-62ATIP-64-09/2022 (Mahkamah Sesyen)
Procedural Posture
Criminal Anti‑trafficking (atipsom) / Appeal Against Conviction and Sentence; Judgment on Appeal Delivered
Outcome
Both defendants convicted on all counts under s12 ATIPSOM read with s34 Penal Code; sentences imposed and compensation ordered
Legal Topics
Trafficking in Persons, Forced Labour, Debt Bondage, Compensation Under S66 a ATIPSOM, Joint Liability S34 Penal Code
Source Language
Malay/English
Criminal Law Human Trafficking Immigration Law Labour Law Trafficking in Persons Forced Labour Debt Bondage Compensation Under S66 a ATIPSOM +1 more

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Parties

Public Prosecutor

Prosecution

ITH EAMY

Defendant

DIONG YEOU CHIN

Defendant

Procedural Posture

Criminal Anti‑trafficking (atipsom) / Appeal Against Conviction and Sentence; Judgment on Appeal Delivered

Legal Issues

  1. 1 Whether the elements of trafficking under s12 ATIPSOM were established (acquisition/retention, exploitation)
  2. 2 Whether there was coercion as defined in s2 ATIPSOM (threats, schemes, abuse of legal process)
  3. 3 Whether T1 and T2 acted with common intention under s34 Penal Code

Ratio Decidendi

On the evidence the court found all statutory elements of trafficking proved: victims were acquired/retained and exploited for forced labour, deprived of documents, worked without permits, subjected to debt bondage and threats; T1 and T2 acted jointly with common intention to exploit and profit. Consent was immaterial. Accordingly both defendants were convicted under s12 ATIPSOM read with s34 Penal Code and compensation ordered under s66A ATIPSOM read with KPJ provisions.

Court Disposition

Both defendants convicted on all counts under s12 ATIPSOM read with s34 Penal Code; sentences imposed and compensation ordered

Orders

  • For victim SP1 (case BL-62ATIP-66-09/2022): each accused sentenced to 5 years imprisonment and a fine of RM5,000.00; default in payment of fine: 6 months imprisonment.
  • For victims SP2, SP3, SP4, SP5 and SP6 (cases 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 accused sentenced to 5 years imprisonment and a fine of RM4,000.00; default in payment of fine: 6 months imprisonment.