RIDWAN / LELAKI / INDONESIA / 22.06.1983

RIDWAN / LELAKI / INDONESIA / 22.06.1983

Accused was lawfully convicted for overstaying 11 years 4 months and 18 days contrary to Section 15(1)(c) Immigration Act 1959/63; balancing aggravating public interest factors and mitigating personal circumstances (first offender, family), and giving credit for early guilty plea, the court imposed imprisonment within the statutory maximum — 53 months from date of arrest — as appropriate punishment and deterrent.

Citation
WA-62PT-360-02/2025 (Mahkamah Sesyen)
Parties
Prosecutor: Pendakwa Raya; Accused: Ridwan
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
27 February 2025
Case Number
WA-62PT-360-02/2025 (Mahkamah Sesyen)
Procedural Posture
Criminal Immigration (immigration Act 1959/63) / Sentence Imposed After Guilty Plea; Appeal Noted/record Forwarded to High Court
Outcome
Accused convicted under Section 15(1)(c) Immigration Act 1959/63; sentence of 53 months imprisonment awarded, to run from date of arrest 14/2/2025.
Legal Topics
Overstay, Unlawful Presence, Plea of Guilty, Mitigation and Deterrence
Source Language
Malay/English
Immigration Law Criminal Law Sentencing Overstay Unlawful Presence Plea of Guilty Mitigation and Deterrence

Case Brief

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Parties

Pendakwa Raya

Prosecutor

Ridwan

Accused

Procedural Posture

Criminal Immigration (immigration Act 1959/63) / Sentence Imposed After Guilty Plea; Appeal Noted/record Forwarded to High Court

Legal Issues

  1. 1 Whether the accused unlawfully remained in Malaysia contrary to Section 15(1)(c) Immigration Act 1959/63
  2. 2 Appropriate sentencing within the limits of Section 15(4) Immigration Act 1959/63
  3. 3 Weight to be given to mitigation (first offender status, family responsibilities) and discount for guilty plea

Ratio Decidendi

Accused was lawfully convicted for overstaying 11 years 4 months and 18 days contrary to Section 15(1)(c) Immigration Act 1959/63; balancing aggravating public interest factors and mitigating personal circumstances (first offender, family), and giving credit for early guilty plea, the court imposed imprisonment within the statutory maximum — 53 months from date of arrest — as appropriate punishment and deterrent.

Court Disposition

Accused convicted under Section 15(1)(c) Immigration Act 1959/63; sentence of 53 months imprisonment awarded, to run from date of arrest 14/2/2025.

Orders

  • Imprisonment for 53 months commencing from 14/2/2025.
  • Record forwarded to the High Court for consideration