PENDAKWARAYA PENDAKWARAYA KONG CHIA WEE ( 810611115013 )

PENDAKWARAYA PENDAKWARAYA KONG CHIA WEE ( 810611115013 )

Magistrate found prosecution established a prima facie case under s.41(1) but, on full assessment, defence raised a reasonable doubt as to whether the accused's conduct alone caused the death; mute evidence and sketch indicated impact occurred in accused's lane and an intervening cause (sudden appearance of a dog and contribution by the other driver's conduct) existed. Therefore the elements for s.41(1) were not proved beyond reasonable doubt but the prosecution proved careless driving under s.43(1); conviction substituted to s.43(1) and fine RM6,000 imposed, default 4 months imprisonment, and driving licence to be endorsed.

Citation
CA-86-1-01/2019 (Mahkamah Majistret)
Parties
Prosecution: Pendakwa Raya; Accused: Kong Chia Wee
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
7 August 2020
Case Number
CA-86-1-01/2019 (Mahkamah Majistret)
Procedural Posture
Criminal Road Traffic Act Offence / Trial and Sentencing (magistrates' Court)
Outcome
Acquitted of Section 41(1) Road Transport Act 1987; convicted under Section 43(1) Road Transport Act 1987 (careless driving)
Legal Topics
Causing Death by Reckless Driving, Careless Driving (negligent Driving), Charge Substitution, Evidence: Ocular and Mute Evidence, Mitigation and Sentencing Principles
Source Language
Malay/English
Criminal Law Road Traffic Law Sentencing Causing Death by Reckless Driving Careless Driving (negligent Driving) Charge Substitution Evidence: Ocular and Mute Evidence Mitigation and Sentencing Principles

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Parties

Pendakwa Raya

Prosecution

Kong Chia Wee

Accused

Procedural Posture

Criminal Road Traffic Act Offence / Trial and Sentencing (magistrates' Court)

Legal Issues

  1. 1 Whether the prosecution proved the offence under Section 41(1) Road Transport Act 1987 beyond reasonable doubt
  2. 2 Whether the mute evidence (photos, sketch, vehicle damage, debris) supports prosecution or defence version
  3. 3 Whether the facts justify substitution of the charge to Section 43(1) (careless driving)

Ratio Decidendi

Magistrate found prosecution established a prima facie case under s.41(1) but, on full assessment, defence raised a reasonable doubt as to whether the accused's conduct alone caused the death; mute evidence and sketch indicated impact occurred in accused's lane and an intervening cause (sudden appearance of a dog and contribution by the other driver's conduct) existed. Therefore the elements for s.41(1) were not proved beyond reasonable doubt but the prosecution proved careless driving under s.43(1); conviction substituted to s.43(1) and fine RM6,000 imposed, default 4 months imprisonment, and driving licence to be endorsed.

Court Disposition

Acquitted of Section 41(1) Road Transport Act 1987; convicted under Section 43(1) Road Transport Act 1987 (careless driving)

Orders

  • Convicted under Section 43(1) Akta Pengangkutan Jalan 1987 (Pindaan 1999)
  • Fine of RM6000.00