24 Feb 2025
HO BENG HOCK [ ]
- Citation
- Q-05(SH)-61-02/2023 (Mahkamah Rayuan)
- Court
- SH
- Case number
- Q-05(SH)-61-02/2023 (Mahkamah Rayuan)
The Court upheld the High Court's factual findings that the six Indonesians were unlawfully in Malaysia and were attempting illegal exit via an illicit road at night; the appellant was driving them toward the border and circumstances permitted inference of knowledge or reason to believe they were being smuggled; the wording variation in the charge ('involved' v 'engaged') did not mislead the accused and was curable; therefore prosecution proved the essential elements of s26J ATIPSOM beyond reasonable doubt and conviction and sentence were safe.