2018 MarsdenLR 2198

COURT OF APPEAL PUTRAJAYA
PP – Appellant
Versus
SUMON KHAN & ANOR – Respondent
[Crime Appeal: Q-05(LB)-182-05/2017]

Without evidence of unlawful entry, no prima facie case of migration smuggling can be established.

Headnote:This case involves an appeal by the prosecution against the acquittal of Sumon Khan and Mohammed Yazir bin Openg under the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007. The court found no evidence of unlawful entry or exit, stating prima facie case was not established per sections 26A and 26G of the Act. The primary issues were whether there was common intention and proper evidence under the law. The court confirmed the prosecution’s failure to prove its case.