1. ) ITH EAMY 2. ) DIONG YEOU CHIN

1. ) ITH EAMY 2. ) DIONG YEOU CHIN

The prosecution proved all essential ingredients of s.12 Act 670 beyond reasonable doubt: acquisition and retention of victims for labour exploitation via deception and illegal entry, retention of passports, coercive debt bondage, confinement and threats; evidence established joint intention by T1 and T2. Accordingly both defendants were convicted on all charges and sentenced; compensation under s.66A was appropriate and quantified by the Court.

Citation
BL-62ATIP-67-09/2022 (Mahkamah Sesyen)
Parties
Prosecutor: Pendakwa Raya; Defendant: Ith Eamy; Defendant: Diong Yeou Chin
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
6 December 2024
Case Number
BL-62ATIP-67-09/2022 (Mahkamah Sesyen)
Procedural Posture
Criminal Human Trafficking (atipsom) / Judgment and Sentencing at Sessions Court
Outcome
Both defendants convicted on all counts under s.12 Act 670 read with s.34 Penal Code and sentenced; compensation orders made under s.66A Act 670
Legal Topics
Forced Labour, Debt Bondage, Exploitation, Coercion, Common Intention, Compensation Under S66 a, Sentencing
Source Language
Malay/English
Criminal Law Human Trafficking Immigration Law Labour Law Evidence Law Forced Labour Debt Bondage Exploitation +4 more

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Parties

Pendakwa Raya

Prosecutor

Ith Eamy

Defendant

Diong Yeou Chin

Defendant

Procedural Posture

Criminal Human Trafficking (atipsom) / Judgment and Sentencing at Sessions Court

Legal Issues

  1. 1 Whether the prosecution proved elements of offence under s.12 Anti‑Trafficking in Persons and Anti‑Smuggling of Migrants Act 2007 (Act 670)
  2. 2 Whether the defendants jointly intended to traffic and exploit the victims (common intention s.34 Penal Code)
  3. 3 Whether the victims were subjected to exploitation/forced labour, debt bondage, retention of passports and confinement

Ratio Decidendi

The prosecution proved all essential ingredients of s.12 Act 670 beyond reasonable doubt: acquisition and retention of victims for labour exploitation via deception and illegal entry, retention of passports, coercive debt bondage, confinement and threats; evidence established joint intention by T1 and T2. Accordingly both defendants were convicted on all charges and sentenced; compensation under s.66A was appropriate and quantified by the Court.

Court Disposition

Both defendants convicted on all counts under s.12 Act 670 read with s.34 Penal Code and sentenced; compensation orders made under s.66A Act 670

Orders

  • Both defendants convicted on all counts
  • For offence involving SP1 (case BL-62ATIP-66-09/2022): each defendant sentenced to 5 years imprisonment and fined MYR 5,000; default in payment of fine: 6 months imprisonment