1. ) ITH EAMY 2. ) DIONG YEOU CHIN

1. ) ITH EAMY 2. ) DIONG YEOU CHIN

The court found the prosecution proved beyond reasonable doubt all elements of section 12 ATIPSOM read with section 34 Penal Code: the accused recruited/transported and retained non-citizen workers by deception and coercive means (illegal entry, withholding passports, confinement, debt bondage and threats) for the purpose of forced labour/exploitation; both accused acted with common intention and are therefore guilty; custodial sentences, fines and detailed compensation orders were appropriate and lawful under s66A.

Citation
BL-62ATIP-68-09/2022 (Mahkamah Sesyen)
Parties
Prosecution: Pendakwa Raya; Accused: Ith Eamy; Accused: Diong Yeou Chin
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
6 December 2024
Case Number
BL-62ATIP-68-09/2022 (Mahkamah Sesyen)
Procedural Posture
Criminal Human Trafficking (atipsom) / Conviction and Sentencing
Outcome
Accused Ith Eamy and Diong Yeou Chin convicted under section 12 Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007 read with section 34 Penal Code; sentenced to imprisonment and fined; ordered to pay compensation to victims.
Legal Topics
Trafficking in Persons, Forced Labour, Debt Bondage, Coercion, Compensation Under Section 66 a ATIPSOM, Joint Liability (s34)
Source Language
Malay/English
Criminal Law Human Trafficking Law Immigration Law Labour Law Trafficking in Persons Forced Labour Debt Bondage Coercion +2 more

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Parties

Pendakwa Raya

Prosecution

Ith Eamy

Accused

Diong Yeou Chin

Accused

Procedural Posture

Criminal Human Trafficking (atipsom) / Conviction and Sentencing

Legal Issues

  1. 1 Whether prosecution proved elements of section 12 ATIPSOM (acquisition/retention for exploitation)
  2. 2 Whether forced labour/exploitation and means (deception, confinement, withholding documents, debt bondage) were established
  3. 3 Whether coercion existed under statutory definition

Ratio Decidendi

The court found the prosecution proved beyond reasonable doubt all elements of section 12 ATIPSOM read with section 34 Penal Code: the accused recruited/transported and retained non-citizen workers by deception and coercive means (illegal entry, withholding passports, confinement, debt bondage and threats) for the purpose of forced labour/exploitation; both accused acted with common intention and are therefore guilty; custodial sentences, fines and detailed compensation orders were appropriate and lawful under s66A.

Court Disposition

Accused Ith Eamy and Diong Yeou Chin convicted under section 12 Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007 read with section 34 Penal Code; sentenced to imprisonment and fined; ordered to pay compensation to victims.

Orders

  • Convicted on all charges under section 12 ATIPSOM read with s34 Penal Code.
  • For victim SP1 (case BL-62ATIP-66-09/2022): each accused sentenced to 5 years imprisonment and fined RM5,000; default in payment of fine triggers 6 months imprisonment.