YONG YEOW HIN [ ]

YONG YEOW HIN [ ]

The Court held the deposition and recording could not be admitted under section 61A ATIPSOM because no removal order by the Director General of Immigration was produced; because the prosecution had elected to record the deposition under section 61A and failed to comply with its mandatory prerequisite, the deposition...

Source-derived case information.

Citation
M-09-37-02/2021 (Mahkamah Rayuan)
Parties
Appellant: Yong Yew Hin; Respondent: Pendakwa Raya
Court
Court of Appeal
Jurisdiction
Malaysia
Judgment Date
7 November 2024
Case Number
M-09-37-02/2021 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal / Court of Appeal Judgment on Admissibility of Deposition and Conviction
Outcome
Appeal allowed; conviction and sentence set aside; prosecution's appeal against sentence dismissed
Legal Topics
Admissibility of Deposition, Section 61 a ATIPSOM, Section 32 Evidence Act 1950, Removal Order Requirement, Hearsay Evidence
Criminal Law Evidence Immigration Law Human Trafficking Admissibility of Deposition Section 61 a ATIPSOM Section 32 Evidence Act 1950 Removal Order Requirement +1 more

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Parties

Yong Yew Hin

Appellant

Pendakwa Raya

Respondent

Procedural Posture

Criminal Appeal / Court of Appeal Judgment on Admissibility of Deposition and Conviction

  1. 1 Whether the High Court erred in admitting the victim's deposition (Exhibit P17) and recording (Exhibit P16) under section 61A ATIPSOM without a removal order
  2. 2 Whether the High Court erred in admitting the same deposition under section 32(1)(i) Evidence Act 1950 after the prosecution elected to record it under section 61A

Ratio Decidendi

The Court held the deposition and recording could not be admitted under section 61A ATIPSOM because no removal order by the Director General of Immigration was produced; because the prosecution had elected to record the deposition under section 61A and failed to comply with its mandatory prerequisite, the deposition could not be relied on under section 32(1)(i) EA to sustain the prosecution's case; the conviction and sentence were therefore unsafe and were set aside.

Court Disposition

Appeal allowed; conviction and sentence set aside; prosecution's appeal against sentence dismissed

Orders

  • Appellant's appeal against conviction and sentence (M-09-37-02/2021) allowed
  • Conviction and sentence imposed by the Sessions Court and confirmed by the High Court on 11 February 2021 are set aside