GOPU A/L PUPATHY

GOPU A/L PUPATHY

The court concluded that the prosecution proved beyond reasonable doubt that the accused's right turn and driving constituted dangerous driving and was the operative cause of the fatality, satisfying the elements of s41(1) Road Transport Act 1987.

Citation
MC-83-121-03/2025 (Mahkamah Majistret)
Parties
Prosecutor: 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 / Judgment
Outcome
Convicted under section 41(1) Road Transport Act 1987; matter adjourned for sentencing
Legal Topics
Dangerous Driving Causing Death, Section 41(1) Road Transport Act 1987, Causation, Evidence
Source Language
Malay/English
Criminal Law Road Transport Law Forensic Science Traffic Accident Investigation Dangerous Driving Causing Death Section 41(1) Road Transport Act 1987 Causation Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

Public Prosecutor

Prosecutor

Gopu a/l Pupathy

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused's driving constituted dangerous driving under s41(1) Road Transport Act 1987
  2. 2 Whether the prosecution proved causation between the accused's manoeuvre and the death
  3. 3 Whether the evidence adduced (eyewitness, photographs, pathology, digital forensics) was sufficient to prove guilt beyond reasonable doubt

Ratio Decidendi

The court concluded that the prosecution proved beyond reasonable doubt that the accused's right turn and driving constituted dangerous driving and was the operative cause of the fatality, satisfying the elements of s41(1) Road Transport Act 1987.

Court Disposition

Convicted under section 41(1) Road Transport Act 1987; matter adjourned for sentencing

Orders

  • Accused convicted under section 41(1) Road Transport Act 1987
  • Case adjourned for sentencing