Malaysia Case Law: Decisions & Judgments

Topic

Section 26a atipsom

Legal area

Court

6 Oct 2026

[ ] SHAMSUDIN BIN ISMAIL

Citation

DA-45SOM-116-10/2023 (Mahkamah Tinggi)
Court

High Court
Case number

DA-45SOM-116-10/2023 (Mahkamah Tinggi)

Court accepted guilty plea as voluntary and informed, applied mitigating discount for plea and first offence (one-quarter to one-third), balanced against public interest and severity of smuggling 14 migrants, and sentenced defendant to 7 years' imprisonment commencing from date of arrest (2 April 2023) and ordered forfeiture of Proton Persona PHY 4771 to the Government.
23 Feb 2024

[Timbalan (TPR), Jabatan Peguam Negara] MUHAMAD AZMI BIN YUSUF

Citation

WA-45SOM-1-01/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-45SOM-1-01/2023 (Mahkamah Tinggi)

Where there are conflicting apex authorities, the interpretation favorable to the accused was applied; in the absence of clear flight risk or realistic prospect of witness tampering (migrants deported and depositions recorded) and pursuant to the discretionary power under section 388 CPC read with sections 389 and 390 CPC and constitutional protection of liberty, bail was lawfully granted pending trial with conditions and a bail bond of RM20,000 each with two sureties and surrender of travel documents and monthly police reporting to secure attendance.
24 Jun 2022

[ ] Citara

Citation

BA-45SOM-4-02/2020 (Mahkamah Tinggi)
Court

High Court
Case number

BA-45SOM-4-02/2020 (Mahkamah Tinggi)

The court accepted the admissibility of photographic exhibits via witness oral evidence under s.90A, admitted the accused's statement under SOSMA s.18A and the migrant's deposition under s.61A ATIPSOM; on maximum evaluation of prosecution evidence (CCTV, passports, boarding passes, accused's admission and migrant's deposition) all essential ingredients of Section 26A ATIPSOM were established—arrangement/assistance in unlawful exit, accused's knowledge or reasons to believe unlawfulness, migrant's non-citizen status and provision of assistance—therefore prosecution proved a prima facie case an…

Malaysia Case Law

[ ] SHAMSUDIN BIN ISMAIL

[Timbalan (TPR), Jabatan Peguam Negara] MUHAMAD AZMI BIN YUSUF

[ ] Citara