KOTA BARU: The High Court here today sentenced a 31-year-old 'tekong darat' (migrant smuggler) to two years' jail for transporting an undocumented Myanmar migrant in Pasir Mas in June.
Judge Mohd Rosli Yusoff sentenced Wan Muhammad Azroy Wan Ali after he pleaded guilty to the charge.
The sentence takes effect from June 28, the date he was first charged.
Azroy was accused of transporting a Myanmar man, identified as Nyan Tun Hla, in a Honda Jazz in Kampung Kubang Pak Amin, Pasir Mas, at about 6.36am on June 11.
He was charged under Section 26J of the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007, which carries a maximum jail term of five years and a fine of up to RM250,000 upon conviction.
During mitigation, the accused, who was unrepresented, told the court that he worked as a labourer earning RM60 a day and was unmarried.
Azroy said he supported his father and two younger siblings.
He also told the court that he had previously been arrested in a drug-related case.
When asked by the judge whether he would repeat the offence after serving his sentence, he replied that he would not.
The accused also pleaded for a lighter sentence.
Deputy public prosecutor Zainal Abidin urged the court to impose a deterrent sentence, saying the offence was serious and such cases were prevalent in Kelantan due to the state's proximity to the Thai border, which made it vulnerable to smuggling activities.
The prosecution also sought the forfeiture of the Honda Jazz, arguing that the vehicle had been used to transport the undocumented migrant.
Before passing sentence, Mohd Rosli reminded the accused that by pleading guilty, he had admitted to the offence voluntarily and with an understanding of the charge.
The judge also explained that the accused could not appeal against his conviction following the guilty plea but could still appeal against the sentence.
© New Straits Times Press (M) Bhd