Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Compensation under section 66a

  • 6 Dec 2024

    1. ) ITH EAMY 2. ) DIONG YEOU CHIN

    Citation
    BL-62ATIP-63-09/2022 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    BL-62ATIP-63-09/2022 (Mahkamah Sesyen)

    On the totality of credible evidence the prosecution proved beyond reasonable doubt all elements of section 12 Act 670: victims were non‑children, were procured/retained for exploitation (forced labour) by unlawful means (illegal entry, passport retention, absence of permits, confinement, excessive hours, withheld wages, debt‑bondage) and coercion was established by threats, confinement and abuse of legal process; common intention between the two accused was inferable from their coordinated actions and documentary and witness evidence; accordingly both accused were convicted and sentenced and…

  • 6 Dec 2024

    1. ) ITH EAMY 2. ) DIONG YEOU CHIN

    Citation
    BL-62ATIP-66-09/2022 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    BL-62ATIP-66-09/2022 (Mahkamah Sesyen)

    The court found prosecution proved all elements of s.12: T1 and T2 acquired and retained migrants for exploitation by deception and coercion (illegal entry, withholding passports, withholding/pay deductions, confinement, debt bondage and threats), acted with common intention, and victims' consent is irrelevant; accordingly both accused convicted and sentenced and ordered to pay statutory compensation under s.66A, Act 670, with specified amounts and defaults.