LEE HAN WEE

LEE HAN WEE

Court convicted accused under Section 44(1)(b) Road Transport Act 1987 because prosecution proved all essential elements: accused was driver at material time, driving on a public road, blood alcohol level proved by admissible chemical analysis (203 mg/100ml) above legal limit, and driving caused the victim's death; gaps in documentary or chain details and non-mandatory statutory formality failures were not fatal where no evidence of tampering or prejudice existed and medical advice justified blood sampling.

Citation
MA-83-1400-12/2021 (Mahkamah Majistret)
Parties
Prosecution: PENDAKWARAYA; Accused: LEE HAN WEE [790801-04-5073]; Victim: Abdul Rahim bin Mohamad [681007-04-5479]
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
6 September 2024
Case Number
MA-83-1400-12/2021 (Mahkamah Majistret)
Procedural Posture
Criminal (road Traffic DUI Causing Death) / Judgment (post Trial Sentencing on Appeal)
Outcome
Accused found guilty (convicted) of offence under Section 44(1)(b) Road Transport Act 1987
Legal Topics
Driving Under Influence, Causation, Chain of Custody, Admissibility of Documents, Expert Evidence, Identification, Sentencing
Source Language
Malay/English
Criminal Law Road Traffic Law Evidence Forensic Science Driving Under Influence Causation Chain of Custody Admissibility of Documents +3 more

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Parties

PENDAKWARAYA

Prosecution

LEE HAN WEE [790801-04-5073]

Accused

Abdul Rahim bin Mohamad [681007-04-5479]

Victim

Procedural Posture

Criminal (road Traffic DUI Causing Death) / Judgment (post Trial Sentencing on Appeal)

Legal Issues

  1. 1 Identity of driver and victim
  2. 2 Admissibility and sufficiency of police report and related documents (P40, P32)
  3. 3 Compliance with Section 45C(5) Road Transport Act 1987 (decision to take blood vs breath)

Ratio Decidendi

Court convicted accused under Section 44(1)(b) Road Transport Act 1987 because prosecution proved all essential elements: accused was driver at material time, driving on a public road, blood alcohol level proved by admissible chemical analysis (203 mg/100ml) above legal limit, and driving caused the victim's death; gaps in documentary or chain details and non-mandatory statutory formality failures were not fatal where no evidence of tampering or prejudice existed and medical advice justified blood sampling.

Court Disposition

Accused found guilty (convicted) of offence under Section 44(1)(b) Road Transport Act 1987

Orders

  • Imprisonment 10 years commencing from date of conviction (6 September 2024)
  • Fine RM70,000.00; default 12 months imprisonment if fine not paid