CHAN WAI YON

CHAN WAI YON

Court accepted guilty plea and mitigation but, weighing public interest and deterrence, imposed the statutory range sentence at its minimum: fine RM10,000 (default 5 months imprisonment if unpaid), immediate custodial period of 1 day, and disqualification from holding or obtaining driving licence for 2 years; execution of custodial sentence suspended pending appeal only.

Citation
WA-83-10062-11/2023 (Mahkamah Majistret)
Parties
Prosecution: Pendakwa Raya; Accused: Chan Wai Yon
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
24 January 2024
Case Number
WA-83-10062-11/2023 (Mahkamah Majistret)
Procedural Posture
Criminal Road Traffic (drink Driving) / Sentencing; Appeal Filed
Outcome
Convicted; sentence imposed; appeal against sentence filed.
Legal Topics
Driving Under Influence, Plea of Guilty as Mitigation, Disqualification of Driving Licence, Suspension of Sentence Pending Appeal
Source Language
Malay/English
Criminal Law Road Traffic Law Sentencing Driving Under Influence Plea of Guilty as Mitigation Disqualification of Driving Licence Suspension of Sentence Pending Appeal

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Parties

Pendakwa Raya

Prosecution

Chan Wai Yon

Accused

Procedural Posture

Criminal Road Traffic (drink Driving) / Sentencing; Appeal Filed

Legal Issues

  1. 1 Whether the sentence imposed for offence under Section 45A(1) APJ was appropriate
  2. 2 Whether a bond under Section 294 CrPC was appropriate
  3. 3 Whether Section 45A(1) constitutes a 'serious offence' under Section 52B Penal Code

Ratio Decidendi

Court accepted guilty plea and mitigation but, weighing public interest and deterrence, imposed the statutory range sentence at its minimum: fine RM10,000 (default 5 months imprisonment if unpaid), immediate custodial period of 1 day, and disqualification from holding or obtaining driving licence for 2 years; execution of custodial sentence suspended pending appeal only.

Court Disposition

Convicted; sentence imposed; appeal against sentence filed.

Orders

  • Convicted under Section 45A(1) Akta Pengangkutan Jalan 1987 (Pindaan 2020)
  • Fine of RM 10,000; default imprisonment of 5 months if fine not paid