PENDAKWARAYA PUBLIC PROSECUTOR CHEW JING ZHONG

PENDAKWARAYA PUBLIC PROSECUTOR CHEW JING ZHONG

The prosecution proved all statutory elements of s44(1) RTA: chemist reports showed alcohol and drugs exceeding prescribed limits, forensic and photographic/vehicle evidence established the collision and causation of death, and the accused's factual defences were discredited by contradictions and failure to keep a safe distance; accordingly the accused was convicted and sentenced; the stay application lacked special circumstances and was dismissed.

Citation
WA-83-2777-04/2018 (Mahkamah Majistret)
Parties
Prosecution: Public Prosecutor; Accused: Chew Jing Zhong
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
18 November 2019
Case Number
WA-83-2777-04/2018 (Mahkamah Majistret)
Procedural Posture
Criminal Traffic (road Transport Act 1987 S44(1)) / Judgment on Conviction and Sentencing; Stay of Execution Application Dismissed
Outcome
Accused found guilty under Section 44(1) Road Transport Act 1987; convicted and sentenced; stay of execution dismissed
Legal Topics
Driving Under Influence, Fatal Road Accident, Prima Facie Test, Stay of Execution, Disqualification of Licence
Source Language
Malay/English
Criminal Law Road Traffic Law Evidence Law Sentencing Driving Under Influence Fatal Road Accident Prima Facie Test Stay of Execution +1 more

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Parties

Public Prosecutor

Prosecution

Chew Jing Zhong

Accused

Procedural Posture

Criminal Traffic (road Transport Act 1987 S44(1)) / Judgment on Conviction and Sentencing; Stay of Execution Application Dismissed

Legal Issues

  1. 1 Whether prosecution proved the three elements of s44(1) RTA: presence of intoxicant, impairment of control, and causation of death
  2. 2 Admissibility and integrity of chemist reports/blood and urine samples (chain of custody)
  3. 3 Credibility of accused's account and contradictions between statements

Ratio Decidendi

The prosecution proved all statutory elements of s44(1) RTA: chemist reports showed alcohol and drugs exceeding prescribed limits, forensic and photographic/vehicle evidence established the collision and causation of death, and the accused's factual defences were discredited by contradictions and failure to keep a safe distance; accordingly the accused was convicted and sentenced; the stay application lacked special circumstances and was dismissed.

Court Disposition

Accused found guilty under Section 44(1) Road Transport Act 1987; convicted and sentenced; stay of execution dismissed

Orders

  • Imprisonment for 42 months from date of conviction
  • Fine RM9,000.00 in default six months imprisonment