PENDAKWARAYA Puan Suriani Binti Ujang Nourul Asnyzam bin Ses

PENDAKWARAYA Puan Suriani Binti Ujang Nourul Asnyzam bin Ses

Having accepted the guilty plea and applied sentencing principles including mitigation (first time offender, prompt plea, personal circumstances) and public interest, the court sentenced the accused to imprisonment for 2 years and 2 months from date of arrest; exercising discretion under section 36 ATIPSOM, the court declined forfeiture and ordered the vehicle returned to its registered owner while the seized mobile phone is retained by prosecution for further action.

Citation
JA-45SOM-18-07/2019 (Mahkamah Tinggi)
Parties
Prosecutor: Public Prosecutor; Accused: Nourul Asnyzam bin Ses
Court
High Court
Jurisdiction
Malaysia
Judgment Date
18 June 2020
Case Number
JA-45SOM-18-07/2019 (Mahkamah Tinggi)
Procedural Posture
Criminal / Sentencing and Conviction
Outcome
Accused convicted under section 26J ATIPSOM; sentenced to 2 years 2 months imprisonment from date of arrest; no forfeiture of vehicle ordered; vehicle returned to registered owner; mobile phone retained by prosecution for further action.
Legal Topics
Migrant Smuggling, Conveyance Offence (section 26 J Atipsom), Forfeiture of Property (section 36 Atipsom), Plea Mitigation and Sentencing (sections 172 G/172 D Cpc), Security Offences Classification (sosma)
Source Language
Malay/English
Criminal Law Immigration Law Human Trafficking Law Administrative Law Migrant Smuggling Conveyance Offence (section 26 J Atipsom) Forfeiture of Property (section 36 Atipsom) Plea Mitigation and Sentencing (sections 172 G/172 D Cpc) +1 more

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Parties

Public Prosecutor

Prosecutor

Nourul Asnyzam bin Ses

Accused

Procedural Posture

Criminal / Sentencing and Conviction

Legal Issues

  1. 1 Whether the accused committed an offence under section 26J ATIPSOM by conveying smuggled migrants
  2. 2 Whether sections 172G and 172D Criminal Procedure Code limit the sentence after a plea of guilty
  3. 3 Whether the court should order forfeiture of the vehicle under section 36 ATIPSOM

Ratio Decidendi

Having accepted the guilty plea and applied sentencing principles including mitigation (first time offender, prompt plea, personal circumstances) and public interest, the court sentenced the accused to imprisonment for 2 years and 2 months from date of arrest; exercising discretion under section 36 ATIPSOM, the court declined forfeiture and ordered the vehicle returned to its registered owner while the seized mobile phone is retained by prosecution for further action.

Court Disposition

Accused convicted under section 26J ATIPSOM; sentenced to 2 years 2 months imprisonment from date of arrest; no forfeiture of vehicle ordered; vehicle returned to registered owner; mobile phone retained by prosecution for further action.

Orders

  • Sentence of imprisonment for 2 years and 2 months from date of arrest imposed on the accused.
  • No order of forfeiture made in respect of Perodua Alza registration JPM 1186.