Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Sosma listing

Legal area

Court

27 Feb 2025

1. ) IGNASIUS BRIA (AKUAN LISAN) 2. ) DONATUS KLAU (AKUAN LISAN) 3. ) RINA (AKUAN LISAN)

Citation

AA-45SOM-3-09/2024 (Mahkamah Tinggi)
Court

High Court
Case number

AA-45SOM-3-09/2024 (Mahkamah Tinggi)

Given the accused were first-time offenders who pleaded guilty early, received no financial benefit, played limited non‑organised roles and acted partly from humanitarian motives (one migrant heavily pregnant, two sheltered only hours), the court imposed a one‑year custodial term commencing 16 May 2024 and ordered immediate deportation upon completion to balance deterrence, proportionality and public interest including prudent use of public funds.
13 Nov 2024

1. ) NUR BAKTI BIN ABD. RAHMAN 2. ) HERMAN

Citation

B-05(H)-85-02/2024 (Mahkamah Rayuan)
Court

H
Case number

B-05(H)-85-02/2024 (Mahkamah Rayuan)

The Court held the High Court erred by over-emphasising guilty pleas and failing to account for the statutory amendment, seriousness of migrant smuggling (including threat to security and reputation), public interest deterrence and sentencing trends; appellate intervention was justified and the sentences were increased to 8 years imprisonment for each respondent, to run from date of arrest, taking into account their ages.