JUDGMENT

Azmi Ariffin JCA:

Introduction

[1] The appellants were jointly tried in the High Court at Kuching, Sarawak with a charge under s 26J Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007 , read together with s 34 of the Penal Code .

The Charge

[2] The charge preferred against the appellants reads as follows:

That you, jointly, on 21 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 Hilux 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 Penal Code .

[3] The appellants claimed trial to the charge.

[4] In support of its case, the prosecution called four (4) witnesses.

[5] At the end of the p