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2016 MarsdenLR 1650
HIGH COURT MALAYA SHAH ALAM
PP – Appellant
Versus
TIN HOCK WAN – Respondent
[Case No: 42LB-8-02/2015]
Proof of unlawful harboring requires establishing both the act of harboring and the knowledge of the individual about the illegal status of those being harbored.
Headnote:The court analyzed the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007, focusing on the proof required under Section 26H(1) for harboring. The court found that the prosecution failed to prove the elements of harboring and knowledge regarding PW1 and PW2 being smuggled persons. The prosecution's appeal was dismissed as there was no prima facie case established.
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| 1. misunderstanding of the context of smuggling and illegal entry during the appeal. (Para 1) |
[1] This is an appeal from the decision of the Session Court Judge (SCJ) made on the 14th of January 2015 in deciding that the prosecution had not proven a prima facie case against the Respondent on the charge under s 26H (1) of the Anti-Trafficking in Persons and Anti-Smuggling Of Migrants Act 2007 (the said Act) for harbouring two smuggled persons namely Nithaya and Tamei in his house at No 53, Jalan Damar Bayu 2, Glenmarie Cove, Telok Gong, Pandamaran, Klang, Selangor. The Respondent was acquitted and discharged without calling for his defence.
