MARIYA ADISAN A/L TANGARAJAH

MARIYA ADISAN A/L TANGARAJAH

The court accepted the dashcam recordings as admissible and reliable, found the prosecution proved all elements of s.41(1) RTA 1987: accused was driving the bus, objectively drove dangerously by crossing into the left lane at speed and colliding with the truck, and that collision caused the deceased’s death as established by post‑mortem. Defence version was unsupported and did not raise reasonable doubt; conviction and sentence followed.

Citation
KA-83-766-07/2023 (Mahkamah Majistret)
Parties
Prosecution: Pendakwa Raya; Accused: Mariya Adisan A/L Tangarajah
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
5 June 2025
Case Number
KA-83-766-07/2023 (Mahkamah Majistret)
Procedural Posture
Criminal Dangerous Driving Causing Death (s.41(1) Road Transport Act 1987) / Conviction and Sentencing at Magistrate's Court; Appeal Filed Against Conviction and Sentence
Outcome
Accused convicted under s.41(1) Road Transport Act 1987 and sentenced
Legal Topics
Dangerous Driving, Causation of Death, Admissibility of Electronic/dashcam Evidence, Expert Evidence/post‑mortem, Sentencing Principles
Source Language
Malay/English
Criminal Law Road Traffic Law Evidence Law Forensic/medical Law Dangerous Driving Causation of Death Admissibility of Electronic/dashcam Evidence Expert Evidence/post‑mortem +1 more

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Parties

Pendakwa Raya

Prosecution

Mariya Adisan A/L Tangarajah

Accused

Procedural Posture

Criminal Dangerous Driving Causing Death (s.41(1) Road Transport Act 1987) / Conviction and Sentencing at Magistrate's Court; Appeal Filed Against Conviction and Sentence

Legal Issues

  1. 1 Whether the dashcam recordings were admissible and reliable evidence
  2. 2 Whether the accused drove in a dangerous manner (s.41(1) RTA 1987)
  3. 3 Whether the accused's driving caused the deceased's death

Ratio Decidendi

The court accepted the dashcam recordings as admissible and reliable, found the prosecution proved all elements of s.41(1) RTA 1987: accused was driving the bus, objectively drove dangerously by crossing into the left lane at speed and colliding with the truck, and that collision caused the deceased’s death as established by post‑mortem. Defence version was unsupported and did not raise reasonable doubt; conviction and sentence followed.

Court Disposition

Accused convicted under s.41(1) Road Transport Act 1987 and sentenced

Orders

  • Imprisonment 45 months commencing from date of conviction 5 June 2025
  • Fine RM13000 or in default 10 months imprisonment