Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Illegal entry

  • 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.

  • 24 Apr 2024

    Charles (L) (Nigeria)

    Citation
    BA-83-1046-04/2024 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    BA-83-1046-04/2024 (Mahkamah Majistret)

    The court affirmed that a custodial sentence of four months from date of arrest together with one stroke of the rotan, coupled with referral to the Immigration Department upon release, was proportionate and appropriate after giving the defendant mitigation credit for his guilty plea and remorse while giving due weight to public interest and deterrence in immigration offences.

  • 17 Jan 2024

    IRFAN SHAHPUTRA

    Citation
    AC-83-40-01/2024 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    AC-83-40-01/2024 (Mahkamah Majistret)

    The court accepted the accused's unqualified guilty plea after verifying understanding and facts (including biometric checks showing no immigration record) and held that given the seriousness and prevalence of illegal entry offences public interest and deterrence warranted a custodial sentence of 4 months imprisonment from 28.12.2023 and 1 stroke; the sentence was proportionate and justified after weighing aggravating and mitigating factors.

  • 29 Dec 2023

    EFFA SULISTIWATI

    Citation
    BF-83-488-12/2023 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    BF-83-488-12/2023 (Mahkamah Majistret)

    The court accepted the prosecution facts and the accused's guilty plea but, after weighing mitigation against public interest and deterrence, concluded that a custodial sentence of two years from date of arrest was appropriate and lawful; whipping was excluded because the accused is female.

  • 7 Nov 2023

    THU ZAR WAI

    Citation
    DJ-83-984-10/2023 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    DJ-83-984-10/2023 (Mahkamah Majistret)

    Accuseds pleaded guilty to being in Malaysia without valid travel documents under section 6(1)(c) Immigration Act 1959/63; given the rampancy of such offences and the need for general deterrence the court imposed a custodial sentence of five months imprisonment under section 6(3).

  • 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.

  • 21 Mar 2022

    QUACH VAN HUA

    Citation
    TA-83-72-03/2022 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    TA-83-72-03/2022 (Mahkamah Majistret)

    Accused convicted on plea and, having regard to statutory maximums and the public interest in deterring illegal entry, the court imposed six months imprisonment from date of arrest and one stroke of the rotan as a proportionate sentence under Section 6(3) Immigration Act 1959/63.

  • 21 Mar 2022

    NGUYEN VAN THUM

    Citation
    TA-83-71-03/2022 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    TA-83-71-03/2022 (Mahkamah Majistret)

    The court accepted the accused's guilty plea via a sworn interpreter, found the offence fell within Section 6(1)(c) Immigration Act 1959/63, and determined that public interest and sentencing principles required a custodial sentence with whipping; accordingly the accused was convicted and sentenced to six months' imprisonment from date of arrest (22 February 2022) and one stroke of the rotan within statutory limits, rejecting a fine as inadequate given national security and deterrence concerns.

  • 21 Mar 2022

    LE VAN QUI

    Citation
    TA-83-73-03/2022 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    TA-83-73-03/2022 (Mahkamah Majistret)

    Court accepted the accused's guilty plea as properly recorded, applied sentencing principles giving primacy to public interest and deterrence for illegal entry, considered statutory limits under Section 6(3) Immigration Act 1959/63 and mitigation (remand, age, dependents, low income) but found custodial sentence with one stroke of whipping appropriate; imposed six months' imprisonment from date of arrest and one stroke of rotan.