SYARVIN KUMAR A/L VEERAYAN

SYARVIN KUMAR A/L VEERAYAN

Given the accused's immediate guilty plea, first‑offender status, absence of compelling aggravating factors or victim impact statements, and that the sentence falls within the statutory range under s43(1), a fine of RM5,000 with default five months imprisonment and endorsement on the driving licence is appropriate and proportionate.

Citation
AC-83-616-07/2025 (Mahkamah Majistret)
Parties
Prosecution: PENDAKWA RAYA; Accused: SYARVIN KUMAR A/L VEERAYAN
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
31 July 2025
Case Number
AC-83-616-07/2025 (Mahkamah Majistret)
Procedural Posture
Criminal Road Traffic / Sentencing at Magistrate Court; Prosecution Filed Appeal Against Sentence
Outcome
Accused convicted on alternative charge under Section 43(1) Road Transport Act 1987 and sentenced to a fine with default imprisonment; conviction endorsed on driving licence; prosecution has filed an appeal against sentence.
Legal Topics
Dangerous Driving Causing Death, Sentencing, Plea of Guilty Mitigation, First Offender Doctrine, Alternative Charge Under Section 43(1) Road Transport Act 1987
Source Language
Malay/English
Criminal Law Road Traffic Law Dangerous Driving Causing Death Sentencing Plea of Guilty Mitigation First Offender Doctrine Alternative Charge Under Section 43(1) Road Transport Act 1987

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Parties

PENDAKWA RAYA

Prosecution

SYARVIN KUMAR A/L VEERAYAN

Accused

Procedural Posture

Criminal Road Traffic / Sentencing at Magistrate Court; Prosecution Filed Appeal Against Sentence

Legal Issues

  1. 1 Appropriate sentence for dangerous driving causing death under s43(1) Road Transport Act 1987
  2. 2 Weight to be given to early guilty plea and first‑offender status
  3. 3 Whether a fine is adequate versus custodial sentence given public interest and deterrence

Ratio Decidendi

Given the accused's immediate guilty plea, first‑offender status, absence of compelling aggravating factors or victim impact statements, and that the sentence falls within the statutory range under s43(1), a fine of RM5,000 with default five months imprisonment and endorsement on the driving licence is appropriate and proportionate.

Court Disposition

Accused convicted on alternative charge under Section 43(1) Road Transport Act 1987 and sentenced to a fine with default imprisonment; conviction endorsed on driving licence; prosecution has filed an appeal against sentence.

Orders

  • Convicted under Section 43(1) Akta Pengangkutan Jalan 1987
  • Fined RM5,000; in default of payment to serve 5 months imprisonment