DIONG YEOU CHIN v Pendakwa Raya
Catchwords
Criminal appeals – against conviction and sentences under s. 12 of the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007 ATIPSOM Act - s. 12 - in order to establish the act of trafficking in persons, the prosecution must establish the element of coercion - conviction of the 2nd Appellant on all charges is manifestly unsafe - because of his involvement in processing the victims’ wages - such an administrative payroll function is factually and legally insufficient to satisfy the elements of the offences, particularly when the evidence demonstrates that the payments were made solely on behalf of Impact Metal. Appeal against sentence - this is the 2nd Appellant’s first offence, coupled with the fact that there was an absolute absence of violence or physical harm inflicted upon the victims - all logistics and arrangements to traffic the victims into this jurisdiction were orchestrated solely by the 1st Appellant - although the charges involve different victims, all offences were committed with proximity of time, proximity of place, continuity of action and continuity of purpose or design, thereby justifying the order for the terms of imprisonment to run concurrently.
Judges (1)
Parties (2)
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (bl-42s-11-12-2024)