MOHD AZLAN BIN MD NOR

MOHD AZLAN BIN MD NOR

Prosecution failed to establish a prima facie case for dangerous driving causing death under s.41(1) APJ due to competing inferences and contributory factors, but established prima facie that the accused drove without due care and attention contrary to s.43(1) APJ; the court lawfully amended the charge, accepted the accused's unconditional plea to s.43(1) and convicted and sentenced accordingly.

Citation
RA-83-875-12/2023 (Mahkamah Majistret)
Parties
Prosecutor: PENDAKWA RAYA; Accused: MOHD AZLAN BIN MD NOR
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
14 January 2025
Case Number
RA-83-875-12/2023 (Mahkamah Majistret)
Procedural Posture
Criminal Road Traffic Offence / Judgment
Outcome
Original charge under section 41(1) Akta Pengangkutan Jalan 1987 dismissed for lack of prima facie proof; accused convicted on amended charge under section 43(1) Akta Pengangkutan Jalan 1987
Legal Topics
Dangerous Driving Causing Death, Careless Driving, Prima Facie Test, Amendment of Charge
Source Language
Malay/English
Criminal Law Traffic Law Dangerous Driving Causing Death Careless Driving Prima Facie Test Amendment of Charge

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Parties

PENDAKWA RAYA

Prosecutor

MOHD AZLAN BIN MD NOR

Accused

Procedural Posture

Criminal Road Traffic Offence / Judgment

Legal Issues

  1. 1 Whether prosecution proved dangerous driving causing death under s.41(1) Akta Pengangkutan Jalan 1987
  2. 2 Whether prosecution met prima facie standard at close of its case
  3. 3 Whether alternative offence under s.43(1) Akta Pengangkutan Jalan 1987 was made out

Ratio Decidendi

Prosecution failed to establish a prima facie case for dangerous driving causing death under s.41(1) APJ due to competing inferences and contributory factors, but established prima facie that the accused drove without due care and attention contrary to s.43(1) APJ; the court lawfully amended the charge, accepted the accused's unconditional plea to s.43(1) and convicted and sentenced accordingly.

Court Disposition

Original charge under section 41(1) Akta Pengangkutan Jalan 1987 dismissed for lack of prima facie proof; accused convicted on amended charge under section 43(1) Akta Pengangkutan Jalan 1987

Orders

  • Accused convicted under section 43(1) Akta Pengangkutan Jalan 1987
  • Dated sentence: Fine RM8000 or in default imprisonment for 16 months