JUDGMENT

Alwi Abdul Wahab J:

Introduction

[1] The Charge against the 1st and 2nd accused persons are as follows:

"That you, together, on the 14th day of June 2020, at about 2000 hours, at Kampung Mapu Kijabu, in the district of Serian, in the state of Sarawak, in furtherance of common intention as an operator or a driver of the vehicle Toyota Hilux Double Cab with registration number QAA8318S that involved in the transportation of smuggled migrants namely;

1. PETRUS TERA (INDONESIA));

2. SERTINUS SUGINO (INDONESIA);

3. PETRUS ADUS (INDONESIA)

4. SUDIR (INDONESIA);

and vehicle Perodua Viva with registration number QRF4248 that involved in transportation of smuggled migrants namely;

1. SERFASIUS OCEL (INDONESIA)

2. SONIA (INDONESIA)

3. JELANI (INDONESIA)

4. BERNABAS LANG (INDONESIA)

And that you have thereby committed an offence punishable under s 26J of Anti-Trafficking in Person and Anti-Smuggling of Migrants Act 2017 read with s 34 of the Penal Code."

[2] Section 26J of Anti-Trafficking in Person and Anti-Smuggling of Migrants Act 2017 (ATIPSOM) provides as follows:

Offence of conveyance of smuggled migrants

"Any person being the owner, operator or master of any conveyance who engages in the conv