JUDGMENT

Alwi Abdul Wahab J:

Introduction

[1] Both the 1st and 2nd accused persons were charged in furtherance of common intention as the operators of Toyota Hillux registration No QRD 8533 ("Toyota Hillux") which involved in the transportation of smuggling migrants, an offence punishable under s 26J of Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007 ("ATIPSOM 2007"), read together with s 34 of the Penal Code.

[2] The charge reads as follows:

"That you, jointly, on the 21st of July 2019, at about 1730 hours, at Jalan John, Batu Kaya, in the district of Lubok Antu, in the state of Sarawak, in furtherance of common intention, as the operators of the vehicle Toyota Hillux Double Cab with the registration number QRD 8533, that involved in the transportation of smuggling the following migrants;

(i) Salbiah (Female, Age: 32 years old), Indonesian (Passport No.-);

(ii) Karwono (Male, 26 years old), Indonesian (Passport No.-); and,

(iii) Nani Setiawati (Female, 15 years old), Indonesian (Passport No.-);

and that you have thereby committed an offence punishable under s 26J Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007 , read together with s 34 of the Pen