GOPU A/L PUPATHY

GOPU A/L PUPATHY

The court convicted because the prosecution proved beyond reasonable doubt that the accused executed a right turn into the weighbridge without stopping or ensuring the road was clear, thereby driving in a manner dangerous to the public under the third limb of s41(1) RTA; this finding was supported by CCTV analysis, Puspakom reports, skid marks, the accused's admission in police report and proper investigation by PW6, and the defence narrative failed to create reasonable doubt.

Citation
MC-83-121-03/2025 (Mahkamah Majistret)
Parties
Prosecution: Public Prosecutor; Accused: Gopu a/l Pupathy
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
19 March 2026
Case Number
MC-83-121-03/2025 (Mahkamah Majistret)
Procedural Posture
Criminal Road Transport Act (section 41(1)) / Trial Judgment and Sentencing
Outcome
Accused found guilty and convicted under section 41(1) Road Transport Act 1987 (pre-amendment) for dangerous driving causing death.
Legal Topics
Dangerous Driving, Causation and Death, Admissibility of Digital Evidence (cctv), Identification of Deceased, Investigation Adequacy and Chain of Custody, Adverse Inference (s114 Evidence Act), FIR Admissibility, Puspakom Vehicle Inspection, Sentencing and Disqualification, Stay of Execution / Bail Pending Appeal
Source Language
Malay/English
Criminal Law Road Traffic Law Evidence Law Procedural Law Forensic Science Dangerous Driving Causation and Death Admissibility of Digital Evidence (cctv) +7 more

Case Brief

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Parties

Public Prosecutor

Prosecution

Gopu a/l Pupathy

Accused

Procedural Posture

Criminal Road Transport Act (section 41(1)) / Trial Judgment and Sentencing

Legal Issues

  1. 1 Whether the accused drove dangerously within third limb of s41(1) RTA
  2. 2 Whether deceased's conduct (speed/racing) was cause or contributor to accident
  3. 3 Admissibility and weight of CCTV footage and forensic analysis

Ratio Decidendi

The court convicted because the prosecution proved beyond reasonable doubt that the accused executed a right turn into the weighbridge without stopping or ensuring the road was clear, thereby driving in a manner dangerous to the public under the third limb of s41(1) RTA; this finding was supported by CCTV analysis, Puspakom reports, skid marks, the accused's admission in police report and proper investigation by PW6, and the defence narrative failed to create reasonable doubt.

Court Disposition

Accused found guilty and convicted under section 41(1) Road Transport Act 1987 (pre-amendment) for dangerous driving causing death.

Orders

  • Accused sentenced to 2 years imprisonment from date of conviction
  • Accused fined RM5000.00 in default six months imprisonment