JUDGMENT
Introduction
[1] The appellants are two accused persons jointly charged in the Sessions Court at Klang for three offences under s 12 of the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007 [Act 670] ('ATIPSOM') read with s 34 of the Penal Code. They pleaded not guilty to the charges and sought to challenge the constitutionality of s 61A of ATIPSOM which relates to deposition of trafficked person or smuggled migrant.
[2] The Sessions Court transmitted the case to the High Court. The High Court however, decided the constitutional questions itself and dismissed the appellants' motion to transmit the special case to the Federal Court. On appeal, and upon agreement by both parties, the Court of Appeal set aside the High Court decision and ordered the High Court to transmit the special case to the Federal Court. Hence the present special case which is transmitted principally in accordance with ss 30 and 84 of the Courts of Judicature Act 1964 ('CJA 1964').
[3] For completeness, s 12 of ATIPSOM reads as follows:
"Offence of trafficking in persons
12. Any person, who traffics in persons not being a child or not being a person who is unable to fully take care of or protect himself because of a physical or mental disability or condition, commits an offence and shall, on conviction, be punished with imprisonment for a term not exceeding twenty years, and shall also be liable to fine."
[4] The three charges allege that in various years, the appellants had the common intention to traffic (in contravention of the said s 12) three different persons all of Indonesian origin. The first charge relates to one Anmuni Maria ('Anmuni') in 2012 to 2019; the second charge to one Fransisaka ('Fransisaka') in 2014 to 2019; and the third to one Yani Tri Anda ('Yani') in 2018 to 2019. For convenience, Anmuni, Fransisaka and Yani shall collectively be referred to as the 'Victims'.