Case Law Database

Smuggling of migrants

Offences

• Enabling illegal entry
• Financial or other material benefit (to smuggler)

Sivakumar s/o Ramachandran v Public Prosecutor (1999) MA 248/99

Fact Summary

This case involves the smuggling of illegal workers from Johor Town, Malaysia into Singapore in four separate ventures in March and April 1999. Four smugglers were involved in this venture including the organiser, Mr Sivakumar s/o Ramachandran, and the driver, Mr Sarvan. He was called one hour prior to each venture and he would then meet the bus and passengers in Johor Town and driver across to Singapore. The number of smuggled migrants brought in Singapore by this group is not known. The organiser was later charge and convicted for his role. His appeal against his sentence and conviction was dismissed.

The main accused promised MYR 500 to the driver per trip. The fees paid by the smuggled migrants have not been reported.

Cross-Cutting Issues

Liability

... for

• completed offence

... as involves

• principal offender(s)
• organiser/director

Offending

Details

• involved an organized criminal group (Article 2(a) CTOC)
• occurred across one (or more) international borders (transnationally)

Involved Countries

Malaysia

Singapore

Procedural Information

Legal System:
Common Law
 
Proceeding #1:
  • Stage:
    first trial
  • Court

    Location

  • City/Town:
    Singapore
  • Province:
    Singapore
  • • Criminal

    Description

    In this trial Mr Sivakumar s/o Ramachandran was found guilty of four counts of engaging in business or trade of conveying prohibited immigrants under s 57(1)(c) of the Immigration Act (Singapore, cap 133, 1997 rev ed).

     

    Outcome

  • Verdict:
    Guilty
  • Sentences

    Sentence

    Term of Imprisonment:
    5 years
     

    MR Ramachandran was sentenced to 2 years, 6 months' imprisonment and three strokes of the cane on each of the four counts, with two sentences to run consecutively.

    Proceeding #2:
  • Stage:
    appeal
  • Official Case Reference:
    Sivakumar s/o Ramachandran MA 248/99
  • Court

    Court Title

    Magistrates Court

     

    Location

  • City/Town:
    Singapore
  • Province:
    Singapore
  • • Criminal

    Description

    The accused sought to appeal against his conviction and sentence but the appeal was dismissed.

     

    Migrants

    Migrant:
    The number of smuggled migrants brought in Singapore by this group is not known.

    Defendants / Respondents in the first instance

    Number of other accused:
    4
    Defendant:
    Sivakumar s/o Ramachandran
    Defendant:
    Sarvan
    Gender:
    Male

    Information about the personal details and criminal proceedings, if any, against the other two persons involved was not available at the time of writing.

    Charges / Claims / Decisions

    Defendant:
    Sivakumar s/o Ramachandran
    Statute:
    Immigration Act (Singapore, cap 133, 1997 rev ed)s 57(1)(c) [engaging in the business or trade of conveying to or out of Singapore in or on any vehicle, vessel, aircraft or train any person whom he knows or has reasonable grounds for believing is a prohibited immigrant]
    Charge details:

    The accused was the main organiser in this case and called the driver when a smuggling venture was ready to be launched.

    Defendant:
    Sarvan
    Charge details:

    Mr Sarvan was the driver of the bus in all four smuggling ventures. Further information about him and any criminal proceedings against him was not available at the time of writing.

    Court

    Magistrates Court

    Sources / Citations

    Sivakumar s/o Ramachandran MA 248/99

    This entry was copied from The Migrant Smuggling Case Database, launched by the University of Queensland Migrant Smuggling Working Group in August 2013.