[Polis Diraja Malaysia (PDRM)] DARVIN RAJ A/L GUNASELAN

[Polis Diraja Malaysia (PDRM)] DARVIN RAJ A/L GUNASELAN

Court found prosecution had proved identity of accused as driver beyond reasonable doubt by multiple consistent eyewitnesses including two independent public witnesses and two vehicle occupants; evidence (eyewitness accounts, scene photos, PUSPAKOM report and skid marks) established dangerous driving at excessive speed causing the deaths; chemical analysis certificate established urine alcohol 115 mg/100ml exceeding legal limit 107 mg/100ml thereby satisfying element for S.44(1) prima facie; prosecution elected to withdraw second charge and court, exercising discretion under s.254(3), directed discharge amounting to acquittal was necessary because no good reason for leaving charge...

Citation
JE-83-147-10/2020 (Mahkamah Majistret)
Parties
Prosecution: Pejabat Pengarah Pendakwaan Negeri Johor; Accused: Darvin Raj
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
30 August 2023
Case Number
JE-83-147-10/2020 (Mahkamah Majistret)
Procedural Posture
Criminal Road Traffic Fatality / Judgment and Sentencing (final)
Outcome
Convicted on charge 1 (s.41(1) Akta Pengangkutan Jalan 1987); charge 2 (s.44(1)) withdrawn by prosecution and discharge directed to amount to acquittal under s.254(3) Kanun Tatacara Jenayah.
Legal Topics
Dangerous Driving Causing Death, Driving Under Influence, Identification and Identification Parade, Discharge Under S.254 CPC (dnaa), Misjoinder of Charges (s.165 Cpc), Sentencing Principles
Source Language
Malay/English
Criminal Law Road Traffic Law Evidence Criminal Procedure Dangerous Driving Causing Death Driving Under Influence Identification and Identification Parade Discharge Under S.254 CPC (dnaa) +2 more

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Parties

Pejabat Pengarah Pendakwaan Negeri Johor

Prosecution

Darvin Raj

Accused

Procedural Posture

Criminal Road Traffic Fatality / Judgment and Sentencing (final)

Legal Issues

  1. 1 Whether prosecution proved identity of driver beyond reasonable doubt
  2. 2 Whether prosecution established prima facie case for S.41(1) (dangerous driving causing death)
  3. 3 Whether prosecution established prima facie case for S.44(1) (driving with excess alcohol causing death)

Ratio Decidendi

Court found prosecution had proved identity of accused as driver beyond reasonable doubt by multiple consistent eyewitnesses including two independent public witnesses and two vehicle occupants; evidence (eyewitness accounts, scene photos, PUSPAKOM report and skid marks) established dangerous driving at excessive speed causing the deaths; chemical analysis certificate established urine alcohol 115 mg/100ml exceeding legal limit 107 mg/100ml thereby satisfying element for S.44(1) prima facie; prosecution elected to withdraw second charge and court, exercising discretion under s.254(3), directed discharge amounting to acquittal was necessary because no good reason for leaving charge...

Court Disposition

Convicted on charge 1 (s.41(1) Akta Pengangkutan Jalan 1987); charge 2 (s.44(1)) withdrawn by prosecution and discharge directed to amount to acquittal under s.254(3) Kanun Tatacara Jenayah.

Orders

  • Accused sentenced to imprisonment 3 years for offence under s.41(1) Akta Pengangkutan Jalan 1987, imprisonment to run from date of conviction
  • Fine RM8,000 in default 4 months imprisonment