LOW HORNG BIN

LOW HORNG BIN

The court found all prerequisites for Section 294 CPC satisfied (conviction, adult offender, not a 'serious offence') and, after weighing mitigation (early guilty plea, first offender status, disability, personal circumstances) against aggravation (alcohol reading), concluded a non‑custodial bond for 2 years with RM4500 surety and conditions was appropriate and proportionate to protect public interest while allowing rehabilitation.

Citation
CA-86-38-05/2023 (Mahkamah Majistret)
Parties
Prosecution: PENDAKWA RAYA; Accused: LOW HORNG BIN
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
18 August 2023
Case Number
CA-86-38-05/2023 (Mahkamah Majistret)
Procedural Posture
Criminal Road Traffic (dui) / Conviction and Sentencing (order Under Section 294 Cpc)
Outcome
Accused convicted under Section 45A(1) Road Transport Act 1987; released on bond under Section 294 Criminal Procedure Code.
Legal Topics
Driving Under the Influence, Sentencing, Probation/bond Under Section 294 CPC, Mitigation and Aggravation
Source Language
Malay/English
Criminal Law Road Transport Law Criminal Procedure Driving Under the Influence Sentencing Probation/bond Under Section 294 CPC Mitigation and Aggravation

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Parties

PENDAKWA RAYA

Prosecution

LOW HORNG BIN

Accused

Procedural Posture

Criminal Road Traffic (dui) / Conviction and Sentencing (order Under Section 294 Cpc)

Legal Issues

  1. 1 Whether an offender convicted under Section 45A(1) Road Transport Act 1987 may be dealt with under Section 294 Criminal Procedure Code
  2. 2 Appropriate weight of mitigating factors (early guilty plea, first offender, disability) versus public interest and aggravating factors (blood alcohol level)
  3. 3 Whether the offence qualifies as a 'serious offence' barring application of Section 294 CPC

Ratio Decidendi

The court found all prerequisites for Section 294 CPC satisfied (conviction, adult offender, not a 'serious offence') and, after weighing mitigation (early guilty plea, first offender status, disability, personal circumstances) against aggravation (alcohol reading), concluded a non‑custodial bond for 2 years with RM4500 surety and conditions was appropriate and proportionate to protect public interest while allowing rehabilitation.

Court Disposition

Accused convicted under Section 45A(1) Road Transport Act 1987; released on bond under Section 294 Criminal Procedure Code.

Orders

  • Accused bound over on a bond of RM4500 with one surety for 2 years under Section 294 CPC
  • Accused to report monthly to nearest police station during bond period (condition under Section 294A CPC)