MOHD AINOL IRWAN BIN RAZALI

MOHD AINOL IRWAN BIN RAZALI

The magistrate accepted the guilty plea and applied mitigating credit for first offender status and family circumstances but gave greater weight to public interest and deterrence for dangerous riding; balancing these factors justified a short custodial term of 1 day, a fine of RM8000 (or 10 months default imprisonment) and a five‑year suspension of the offender's driving licence as proportionate punishment and deterrent.

Citation
TC-83-52-05/2022 (Mahkamah Majistret)
Parties
Prosecutor/appellant: Pendakwa Raya; Defendant/respondent: Mohd Ainol Irwan bin Razali
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
14 December 2022
Case Number
TC-83-52-05/2022 (Mahkamah Majistret)
Procedural Posture
Criminal Road Traffic (section 42, Road Transport Act 1987) / Sentencing by Magistrate; Conviction and Sentence Imposed; Prosecution Has Filed Appeal to High Court
Outcome
Accused convicted as charged by Magistrate; sentence imposed; prosecution has appealed to the High Court
Legal Topics
Dangerous Riding, Sentence Mitigation, Public Interest Vs Offender Interest, License Suspension
Source Language
Malay/English
Criminal Law Road Traffic Law Sentencing Law Dangerous Riding Sentence Mitigation Public Interest Vs Offender Interest License Suspension

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Parties

Pendakwa Raya

Prosecutor/appellant

Mohd Ainol Irwan bin Razali

Defendant/respondent

Procedural Posture

Criminal Road Traffic (section 42, Road Transport Act 1987) / Sentencing by Magistrate; Conviction and Sentence Imposed; Prosecution Has Filed Appeal to High Court

Legal Issues

  1. 1 Whether the magistrate's sentence appropriately balanced public interest and offender's mitigating circumstances
  2. 2 Whether a custodial sentence was necessary or excessive for dangerous riding under s42(1) RTA 1987
  3. 3 Appropriate credit for guilty plea and first offender status

Ratio Decidendi

The magistrate accepted the guilty plea and applied mitigating credit for first offender status and family circumstances but gave greater weight to public interest and deterrence for dangerous riding; balancing these factors justified a short custodial term of 1 day, a fine of RM8000 (or 10 months default imprisonment) and a five‑year suspension of the offender's driving licence as proportionate punishment and deterrent.

Court Disposition

Accused convicted as charged by Magistrate; sentence imposed; prosecution has appealed to the High Court

Orders

  • Convicted as charged under s42(1) Akta Pengangkutan Jalan 1987
  • Imprisonment for 1 day commencing from date of conviction