CHENG YAO NAN

CHENG YAO NAN

Court found prosecution proved every element of Section 44(1)(b) Road Transport Act 1987: accused was driver, blood alcohol 92 mg/100ml exceeded legal limit, and driving caused fatal injuries to the passenger. The chemical report (Ekshibit P12) together with consistent witness testimony sufficed despite absence of physical specimen in court. Defence failed to raise reasonable doubt and its alternative account was an afterthought; therefore accused convicted and sentenced accordingly.

Citation
WA-83-8566-12/2020 (Mahkamah Majistret)
Parties
Prosecutor: Pendakwa Raya; Accused: Cheng Yao Nan
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
5 April 2024
Case Number
WA-83-8566-12/2020 (Mahkamah Majistret)
Procedural Posture
Criminal Road Traffic Act (section 44(1)(b)) / Judgment and Sentencing (convicted)
Outcome
Accused convicted under Section 44(1)(b) Road Transport Act 1987 and sentenced
Legal Topics
Driving Under Influence (dui), Causing Death by Driving, Admissibility of Exhibits and Chain of Custody, Prima Facie Standard at Close of Prosecution, Mitigation and Sentencing
Source Language
Malay/English
Criminal Law Road Traffic Law Forensic Toxicology Evidence Law Sentencing Driving Under Influence (dui) Causing Death by Driving Admissibility of Exhibits and Chain of Custody +2 more

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Parties

Pendakwa Raya

Prosecutor

Cheng Yao Nan

Accused

Procedural Posture

Criminal Road Traffic Act (section 44(1)(b)) / Judgment and Sentencing (convicted)

Legal Issues

  1. 1 Whether the accused drove a motor vehicle while having alcohol in his body exceeding statutory limits
  2. 2 Whether the accused's driving under the influence caused the fatal accident
  3. 3 Whether absence of the physical blood specimen in court was fatal to the prosecution's case

Ratio Decidendi

Court found prosecution proved every element of Section 44(1)(b) Road Transport Act 1987: accused was driver, blood alcohol 92 mg/100ml exceeded legal limit, and driving caused fatal injuries to the passenger. The chemical report (Ekshibit P12) together with consistent witness testimony sufficed despite absence of physical specimen in court. Defence failed to raise reasonable doubt and its alternative account was an afterthought; therefore accused convicted and sentenced accordingly.

Court Disposition

Accused convicted under Section 44(1)(b) Road Transport Act 1987 and sentenced

Orders

  • Imprisonment for 3 years from date of conviction
  • Fine of RM12000.00; in default of payment, 6 months imprisonment