MOHD AZWAN BIN AZLAN MANIMARAN

MOHD AZWAN BIN AZLAN MANIMARAN

Accused's evidence was implausible and inconsistent, prosecution proved elements of dangerous driving under s.41(1) RTA 1987 by credible witness and physical evidence; accused's flight, delay in reporting and alteration of his motorcycle justified adverse inferences under ss.8 and 114(g) Evidence Act 1950; failure to keep left in presence of a vehicle signalling to turn right breached LN166/59 and caused the fatal collision — conviction warranted and sentence imposed.

Citation
NB-83-145-09/2023 (Mahkamah Majistret)
Parties
Prosecution: Pendakwa Raya; Accused: Mohd Azwan bin Mohd Azlan Manimaran
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
13 December 2024
Case Number
NB-83-145-09/2023 (Mahkamah Majistret)
Procedural Posture
Criminal Dangerous Driving Causing Death (section 41(1) Road Transport Act 1987) / Judgment at End of Defence and Sentencing (magistrates' Court Following High Court Direction to Call Accused to Defence)
Outcome
Accused found guilty and convicted under Section 41(1) Road Transport Act 1987
Legal Topics
Dangerous Driving Causing Death, Prima Facie Test at Close of Prosecution, Evidence of Conduct/flight (s.8 Evidence Act 1950), Presumption From Destroyed/non Produced Evidence (s.114(g) Evidence Act 1950), Traffic Regulations Ln166/59 (rules 3(1), 5), Burden to Explain Conduct (s.9 Evidence Act 1950)
Source Language
Malay/English
Criminal Law Road Traffic Law Evidence Law Dangerous Driving Causing Death Prima Facie Test at Close of Prosecution Evidence of Conduct/flight (s.8 Evidence Act 1950) Presumption From Destroyed/non Produced Evidence (s.114(g) Evidence Act 1950) Traffic Regulations Ln166/59 (rules 3(1), 5) +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 18 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Pendakwa Raya

Prosecution

Mohd Azwan bin Mohd Azlan Manimaran

Accused

Procedural Posture

Criminal Dangerous Driving Causing Death (section 41(1) Road Transport Act 1987) / Judgment at End of Defence and Sentencing (magistrates' Court Following High Court Direction to Call Accused to Defence)

Legal Issues

  1. 1 Whether prosecution proved elements of Section 41(1) RTA 1987
  2. 2 Credibility of accused's testimony and whether it is afterthought
  3. 3 Admissibility and weight of accused's flight and alteration of vehicle as evidence under s.8 and s.114(g) Evidence Act 1950

Ratio Decidendi

Accused's evidence was implausible and inconsistent, prosecution proved elements of dangerous driving under s.41(1) RTA 1987 by credible witness and physical evidence; accused's flight, delay in reporting and alteration of his motorcycle justified adverse inferences under ss.8 and 114(g) Evidence Act 1950; failure to keep left in presence of a vehicle signalling to turn right breached LN166/59 and caused the fatal collision — conviction warranted and sentence imposed.

Court Disposition

Accused found guilty and convicted under Section 41(1) Road Transport Act 1987

Orders

  • Sentenced to 2 years imprisonment
  • Fine of RM 5000 and in default of payment to undergo 6 months imprisonment