Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Victim compensation (s66a)
  • 6 Dec 2024

    1. ) ITH EAMY 2. ) DIONG YEOU CHIN

    Citation
    BL-62ATIP-65-09/2022 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    BL-62ATIP-65-09/2022 (Mahkamah Sesyen)

    The court held that prosecution proved beyond reasonable doubt all elements of trafficking under section 12 ATIPSOM: acquisition and retention of labour, exploitation in the form of forced labour and debt bondage, exercise of coercion (including abduction, threats, detention and withholding of passports), and common intention between the two accused; accordingly both accused were convicted under section 12 and sentenced, and statutory compensation under s66A was awarded to each victim based on harm, loss and defendants' capacity to pay.