KAMALANATHAN A/L M UMAKANTHAN

KAMALANATHAN A/L M UMAKANTHAN

The magistrate convicted the accused under s.45A(1) Road Transport Act 1987 but exercised discretion under s.294 Criminal Procedure Code to release the first-time offender on a 3-year bond with RM4,000 bail and one surety, having balanced public interest, the minimal excess alcohol level (6mg), accused's age, family responsibilities and prospects for rehabilitation; s.294 was held applicable notwithstanding the offence carries mandatory penalties in statute.

Citation
JG-83-371-10/2025 (Mahkamah Majistret)
Parties
Prosecution: Pendakwa Raya; Accused: Kamalanathan A/L M Umakanthan
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
11 November 2025
Case Number
JG-83-371-10/2025 (Mahkamah Majistret)
Procedural Posture
Criminal Driving Under Influence / Sentencing (magistrate)
Outcome
Accused convicted under s.45A(1) Road Transport Act 1987 and released on bond under s.294 Criminal Procedure Code for 3 years with bail RM4,000 and one surety
Legal Topics
Driving Under Influence, Section 45 a Road Transport Act 1987, Probation of Good Conduct (s.294 Cpc)
Source Language
Malay/English
Road Traffic Law Criminal Procedure Sentencing Driving Under Influence Section 45 a Road Transport Act 1987 Probation of Good Conduct (s.294 Cpc)

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Parties

Pendakwa Raya

Prosecution

Kamalanathan A/L M Umakanthan

Accused

Procedural Posture

Criminal Driving Under Influence / Sentencing (magistrate)

Legal Issues

  1. 1 Liability under s.45A(1) Road Transport Act 1987 for driving with alcohol above prescribed limit
  2. 2 Whether s.294 Criminal Procedure Code may be applied despite statutory mandatory penalties
  3. 3 Proper sentencing having regard to mitigation and public interest

Ratio Decidendi

The magistrate convicted the accused under s.45A(1) Road Transport Act 1987 but exercised discretion under s.294 Criminal Procedure Code to release the first-time offender on a 3-year bond with RM4,000 bail and one surety, having balanced public interest, the minimal excess alcohol level (6mg), accused's age, family responsibilities and prospects for rehabilitation; s.294 was held applicable notwithstanding the offence carries mandatory penalties in statute.

Court Disposition

Accused convicted under s.45A(1) Road Transport Act 1987 and released on bond under s.294 Criminal Procedure Code for 3 years with bail RM4,000 and one surety

Orders

  • Convicted under s.45A(1) Road Transport Act 1987
  • Released on bond of good conduct under s.294 Criminal Procedure Code for 3 years