Pendakwaraya Musriadi

Pendakwaraya Musriadi

Given the defendant was a first offender who pleaded guilty and saved court resources, but the offence is serious and implicates public interest and national security, a custodial sentence of two years from the date of arrest (22.01.2019) is proportionate where only one migrant was involved; personal mitigation did not outweigh public interest in deterrence.

Citation
45SOM-9-04/2019 (Mahkamah Tinggi)
Parties
Prosecution: Pendakwa Raya; Defendant/accused: Musriadi (Passport: C1335697)
Court
High Court
Jurisdiction
Malaysia
Judgment Date
26 November 2019
Case Number
45SOM-9-04/2019 (Mahkamah Tinggi)
Procedural Posture
Criminal Migrant Smuggling/human Trafficking / Sentencing After Guilty Plea; Prosecution Appealed to Court of Appeal
Outcome
Defendant convicted on alternative charge (s.26H Akta 670) and sentenced to two years' imprisonment starting from date of arrest (22.01.2019).
Legal Topics
Migrant Smuggling, Harbouring/harbouring Migrants, Guilty Plea Mitigation, Public Interest and Deterrence, Confiscation/seizure
Source Language
Malay/English
Criminal Law Immigration Law Anti‑trafficking Law Sentencing Law Migrant Smuggling Harbouring/harbouring Migrants Guilty Plea Mitigation Public Interest and Deterrence +1 more

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Parties

Pendakwa Raya

Prosecution

Musriadi (Passport: C1335697)

Defendant/accused

Procedural Posture

Criminal Migrant Smuggling/human Trafficking / Sentencing After Guilty Plea; Prosecution Appealed to Court of Appeal

Legal Issues

  1. 1 Whether the sentence imposed for harbouring a smuggled migrant under s.26H Akta 670 was appropriate
  2. 2 Extent to which guilty plea and personal mitigation should reduce sentence against public interest and national security concerns
  3. 3 Whether number of migrants is a determinative factor in sentencing

Ratio Decidendi

Given the defendant was a first offender who pleaded guilty and saved court resources, but the offence is serious and implicates public interest and national security, a custodial sentence of two years from the date of arrest (22.01.2019) is proportionate where only one migrant was involved; personal mitigation did not outweigh public interest in deterrence.

Court Disposition

Defendant convicted on alternative charge (s.26H Akta 670) and sentenced to two years' imprisonment starting from date of arrest (22.01.2019).

Orders

  • Sentence: Two (2) years imprisonment from 22 January 2019.