Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Common intention (s.34 kanun keseksaan)
  • 4 Nov 2024

    1. ) ITH EAMY 2. ) DIONG YEOU CHIN

    Citation
    BL-62ATIP-64-09/2022 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    BL-62ATIP-64-09/2022 (Mahkamah Sesyen)

    The court found beyond reasonable doubt that prosecution proved all statutory elements of trafficking under s.12 read with s.2 and that T1 and T2 jointly acquired and retained the victims for labour exploitation: victims were smuggled, worked without permits, had passports withheld, lived in degrading communal accommodation, suffered wage deductions, debt bondage and confinement, and were threatened and in one instance physically detained. Coercion existed in statutory forms (threat/physical restraint, scheme causing belief of harm, abuse of legal process). Joint intent inferred from collabor…