JUDGMENT

Mohd Firuz Jaffril JCA:

Introduction

[1] The appellant in this case was charged for the act of smuggling 10 migrants under s 26A of the ATIPSOM 2007.

[2] The charge preferred against him (as subsequently amended by the prosecution in the High Court ) read as follows:

Charge

[3] That you, on the 8th day of April 2021, at about 6.37pm, at Simpang Amir Lachau, in the district of Sri Aman, in the state of Sarawak, had carried out smuggling of migrants towards:

(1) Hermanan Hardi (25) (Passport No.: NIL) (Indonesia);

(2) Jama Ismail (39) (Passport No.: NIL) (Indonesia);

(3) Jumardi Silan (42) (Passport No.: NIL) (Indonesia);

(4) Nunung Haji Subari (45) (Passport No.: NIL) (Indonesia);

(5) Elmi Siun (31) (Passport No.: NIL) (Indonesia);

(6) Teddi Tebin (20) (Passport No.: NIL) (Indonesia);

(7) Sunil Saina (25) (Passport No.: NIL) (Indonesia);

(8) Rofiih Nasrudin (20) (Passport No.: NIL) (Indonesia);

(9) Herman Umar (28) (Passport No.: NIL) (Indonesia);

(10) Yahya Zikrullah Samsul (30) (Passport No.: NIL) (Indonesia);

and that you have thereby committed an offence punishable under s 26A Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007 ("the ATIPSOM Act").

[4] At the end of the