Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Overstay

  • 27 Feb 2025

    RIDWAN / LELAKI / INDONESIA / 22.06.1983

    Citation
    WA-62PT-360-02/2025 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    WA-62PT-360-02/2025 (Mahkamah Sesyen)

    Accused was lawfully convicted for overstaying 11 years 4 months and 18 days contrary to Section 15(1)(c) Immigration Act 1959/63; balancing aggravating public interest factors and mitigating personal circumstances (first offender, family), and giving credit for early guilty plea, the court imposed imprisonment within the statutory maximum — 53 months from date of arrest — as appropriate punishment and deterrent.

  • 22 Aug 2023

    SHADHIN HOSSAIN / BANGLADESH / LELAKI / 10.10.1983

    Citation
    WA-62PT-727-08/2023 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    WA-62PT-727-08/2023 (Mahkamah Sesyen)

    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.

  • 18 Apr 2023

    GURPREET RAM

    Citation
    BF-83-149-04/2023 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    BF-83-149-04/2023 (Mahkamah Majistret)

    The court found the accused guilty of overstaying under s15(1)(c) Immigration Act 1959, accepted the guilty plea and mitigation but gave greater weight to public interest and deterrence; accordingly imposed 18 months imprisonment from date of arrest as a proportionate and lawful sentence.