PP vs NIK HANIFF NIK HASAIN & ANOR

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2018 MarsdenLR 262

HIGH COURT MALAYA KOTA BHARU
PP – Appellant
Versus
NIK HANIFF NIK HASAIN & ANOR – Respondent

Petitioner Advocates:Hajarul Falenna ,Respondent Advocate: Siti Syaerah Meor Zul-Kefli Auni

Table of Content
1. facts concerning the charge under s 26h of harbouring migrants. (Para 1 , 2 , 3 , 4 , 5 , 6)
2. plea in mitigation highlights personal circumstances of the accused. (Para 8 , 9 , 10)
3. judicial assessment of sentencing concerning both public interest and personal factors. (Para 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22)

Ahmad Bache J:

A. Background

[1] The 2 Accused Persons were charged before this court for harbouring/concealing migrants who were smuggled into the country, an offence under s 26H of the Anti-Trafficking of Persons and Anti Smuggling of Migrant Act 2007 (ATIPSOM) - ("The Act").

[2] After the charge was read and explained to both the Accused Persons, and after having understood the charge, both the Accused Persons pleaded guilty. After they were explained of the consequences of their plea and understood them, both the Accused Persons maintained their plea of guilty.

[3] After the facts of the case were read and explained to both the Accused Persons and after having understood them, both of them admitted to those facts, the court thereafter convicted them.

[4] Upon hearing submissions from both parties, this court sentenced both of the Accu

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2018 MarsdenLR 262

HIGH COURT MALAYA KOTA BHARUPP – AppellantVersusNIK HANIFF NIK HASAIN & ANOR – Respondent

HIGH COURT MALAYA KOTA BHARU
PP – Appellant
Versus
NIK HANIFF NIK HASAIN & ANOR – Respondent