SHADHIN HOSSAIN / BANGLADESH / LELAKI / 10.10.1983

SHADHIN HOSSAIN / BANGLADESH / LELAKI / 10.10.1983

Court found that balancing public interest in deterrence and prevention of illegal overstay, the accused's guilty plea and first‑offence status, the relatively short overstay (6 months 19 days) and the statutory maximum penalty warranted a custodial sentence of 2 months imprisonment from date of arrest; sentence is within law and proportionate.

Citation
WA-62PT-727-08/2023 (Mahkamah Sesyen)
Parties
Tertuduh: Shadhin Hossain; Respondent: Pendakwa Raya
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
22 August 2023
Case Number
WA-62PT-727-08/2023 (Mahkamah Sesyen)
Procedural Posture
Criminal Immigration Act 1959/63 / Appeal Against Sentence
Outcome
Convicted under section 15(1)(c) Immigration Act 1959/63 and sentenced to 2 months imprisonment from date of arrest.
Legal Topics
Overstay, Section 15(1)(c) Immigration Act 1959/63, Mitigation for Guilty Plea, Deterrence
Source Language
Malay/English
Immigration Law Criminal Law Sentencing Overstay Section 15(1)(c) Immigration Act 1959/63 Mitigation for Guilty Plea Deterrence

Case Brief

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Parties

Shadhin Hossain

Tertuduh

Pendakwa Raya

Respondent

Procedural Posture

Criminal Immigration Act 1959/63 / Appeal Against Sentence

Legal Issues

  1. 1 Whether 2 months imprisonment is an appropriate and lawful sentence for overstay under section 15(1)(c) of the Immigration Act 1959/63
  2. 2 Whether the accused's guilty plea and first‑time offender status justify mitigation
  3. 3 How to balance public interest and deterrence against the offender's personal circumstances

Ratio Decidendi

Court found that balancing public interest in deterrence and prevention of illegal overstay, the accused's guilty plea and first‑offence status, the relatively short overstay (6 months 19 days) and the statutory maximum penalty warranted a custodial sentence of 2 months imprisonment from date of arrest; sentence is within law and proportionate.

Court Disposition

Convicted under section 15(1)(c) Immigration Act 1959/63 and sentenced to 2 months imprisonment from date of arrest.

Orders

  • Exhibits P4 to P9A to be retained as court record after expiry of appeal period
  • Accused to be referred to the Immigration Department for further action upon completion of sentence