Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Section 6(1)(c) immigration act 1959/63

  • 8 Jan 2025

    HU YIBO

    Citation
    WA-83-10839-12/2024 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    WA-83-10839-12/2024 (Mahkamah Majistret)

    The court accepted the accused's guilty plea after ensuring understanding, found the offence proven on immigration records and supporting documentation (including passport invalidation), and imposed one month imprisonment from date of arrest as a proportionate sentence balancing public interest, deterrence, lack of violence, mitigation and cost considerations.

  • 9 Aug 2023

    KAY LYA THO

    Citation
    DJ-83-881-07/2023 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    DJ-83-881-07/2023 (Mahkamah Majistret)

    Accused pleaded guilty to being in Malaysia without valid travel documents under Section 6(1)(c) Immigration Act 1959/63; court found plea unequivocal, gave weight to rampancy and public interest and exercised discretion to impose a custodial sentence of 4 months to deter illegal entry; plea of guilt did not warrant a non-custodial or minimal sentence in these circumstances.