JUBANG ANAK USIN v Pendakwa Raya [Pendakwa Raya]

q-05sh-600-12-2023 Court of Appeal (Mahkamah Rayuan) 20 April 2025 • Q-05(SH)-600-12/2023 • 27 min read
11 cases cited (0 SG, 11 foreign)

Catchwords

Practice Areas

Judges (3)

Counsel (3)

Parties (2)

Case Significance

JUBANG ANAK USIN v Pendakwa Raya [Pendakwa Raya] is a Court of Appeal (Mahkamah Rayuan) decision dated April 20, 2025 (citation: q-05sh-600-12-2023). <p>The appellant was convicted of smuggling 10 Indonesian migrants under s.26A of ATIPSOM 2007 and sentenced to 6 years imprisonment. The Court of Appeal unanimously dismissed the appeal, affirming the conviction based on accomplice testimony and rejecting the alibi defence, finding the sentence was not manifestly excessive given the nature of the offence which violated national sovereignty.</p> The panel comprised Azizul Azmi bin Adnan, Mohd Firuz bin Jaffril and Supang Lian, with Mohd Firuz bin Jaffril delivering the judgment. Counsel appearing: Jonathan Jalin Anak Empading (counsel for appellant), Zander Lim Wai Keong (prosecution counsel).

Summary

The appellant was convicted of smuggling 10 Indonesian migrants under s.26A of ATIPSOM 2007 and sentenced to 6 years imprisonment. The Court of Appeal unanimously dismissed the appeal, affirming the conviction based on accomplice testimony and rejecting the alibi defence, finding the sentence was not manifestly excessive given the nature of the offence which violated national sovereignty.

What was the outcome of JUBANG ANAK USIN v Pendakwa Raya [Pendakwa Raya]?

<p>The appellant was convicted of smuggling 10 Indonesian migrants under s.26A of ATIPSOM 2007 and sentenced to 6 years imprisonment. The Court of App...

Statutes Cited

Atipsom Act
s 2 s 26A
Evidence Act
s 114(g)
Immigration Act
s 33(1) s 6(1)(c)
Immigration Act 1959
s 55E s 6(1)(c)

Cases Cited (11)

UK (1)
[1916] 2 KB 658
MY (10)
[1960] 1 MLJ 238 [1981] 1 MLJ 212 [1987] 1 MLJ 492 [1988] 2 MLJ 585 [1994] 2 MLJ 290 [2008] 2 MLJ 797 [2010] 6 CLJ 878 [2012] 10 CLJ 128 [2017] 1 MLJ 1 [2024] 3 MLJ 629