SANJAY KUMAR A/L SELVAKUMARU

SANJAY KUMAR A/L SELVAKUMARU

For an offence under Section 45B RTA the magistrate concluded the BBUT Rules Schedule 1 procedural requirements for Section 45C do not apply; the prosecution had proved the essential elements (accused as driver in control and a breath reading of 315 mg/100 ml) such that a prima facie case existed and the prior discharge should be revisited and the accused called to enter defence.

Citation
WA-83-8794-12/2021 (Mahkamah Majistret)
Parties
Prosecution: Pendakwa Raya; Accused: Sanjay Kumar A/L Selvakumaru
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
16 May 2025
Case Number
WA-83-8794-12/2021 (Mahkamah Majistret)
Procedural Posture
Criminal Traffic (road Traffic Act 1987) / Prosecution Appeal Post Acquittal Seeking High Court Review of Magistrate's Discharge at Close of Prosecution
Outcome
Magistrate found that, applying Section 45B and appellate authority, a prima facie case exists and applied to the High Court to set aside the earlier discharge and to order the accused to be called to enter his defence.
Legal Topics
Driving Under Influence, Breath Test Procedure, Prima Facie Case Assessment, Section 45 A/45 B/45 C RTA, BBUT Rules (1995), Admissibility of Documentary Evidence
Source Language
Malay/English
Criminal Law Road Traffic Law Evidence Law Procedural Law Driving Under Influence Breath Test Procedure Prima Facie Case Assessment Section 45 A/45 B/45 C RTA +2 more

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Parties

Pendakwa Raya

Prosecution

Sanjay Kumar A/L Selvakumaru

Accused

Procedural Posture

Criminal Traffic (road Traffic Act 1987) / Prosecution Appeal Post Acquittal Seeking High Court Review of Magistrate's Discharge at Close of Prosecution

Legal Issues

  1. 1 Whether the prosecution proved a prima facie case under Section 45A RTA at the close of its case
  2. 2 Whether the procedural requirements in Section 45C and the Motor Vehicles (Breath, Blood and Urine Tests) Rules 1995 (BBUT Rules) apply to breath tests conducted under Section 45B
  3. 3 Whether non-compliance with Schedule 1 Rule 4 items (two specimens, mouthpiece change, written record) prejudiced the accused

Ratio Decidendi

For an offence under Section 45B RTA the magistrate concluded the BBUT Rules Schedule 1 procedural requirements for Section 45C do not apply; the prosecution had proved the essential elements (accused as driver in control and a breath reading of 315 mg/100 ml) such that a prima facie case existed and the prior discharge should be revisited and the accused called to enter defence.

Court Disposition

Magistrate found that, applying Section 45B and appellate authority, a prima facie case exists and applied to the High Court to set aside the earlier discharge and to order the accused to be called to enter his defence.

Orders

  • Application to the High Court to set aside the Magistrate's order of discharge dated 16.5.2025 and to order the accused to be called to enter defence