PCHH CONSTRUCTION

PCHH CONSTRUCTION

Court accepted the unqualified guilty plea, gave mitigation credit for early plea but placed greater weight on public interest and deterrence given the 85% overload and safety risk; imposed RM6,000 fine or 6 months imprisonment and ordered forfeiture of vehicle VHR 1403 (T/A 9743) to Ketua Pengarah JPJ under s.80(4) APAD 2010 because statutory conditions for forfeiture were satisfied.

Citation
WA-87-2224-05/2025 (Mahkamah Majistret)
Parties
Prosecutor: Pendakwa Raya; Accused / Licensed Operator: PCHH Construction (No Syarikat: 200503138985) / Owner: Teh Theng Hock
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
15 July 2025
Case Number
WA-87-2224-05/2025 (Mahkamah Majistret)
Procedural Posture
Criminal Transport (overloading) / Appeal Against Conviction and Sentence
Outcome
Accused convicted; sentence imposed; vehicle forfeited to JPJ.
Legal Topics
Overloading, Forfeiture of Vehicle, Sentencing, Public Safety, Deterrence
Source Language
Malay/English
Criminal Law Transport Law Administrative Law Overloading Forfeiture of Vehicle Sentencing Public Safety Deterrence

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Parties

Pendakwa Raya

Prosecutor

PCHH Construction (No Syarikat: 200503138985) / Owner: Teh Theng Hock

Accused / Licensed Operator

Procedural Posture

Criminal Transport (overloading) / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the accused committed an overloading offence under s.57(1)(b)(vi) APAD 2010 punishable under s.57(3)
  2. 2 Whether the vehicle meets conditions for mandatory forfeiture under s.80(4) APAD 2010
  3. 3 Appropriate sentence considering mitigation (early plea) and aggravation (public safety risk)

Ratio Decidendi

Court accepted the unqualified guilty plea, gave mitigation credit for early plea but placed greater weight on public interest and deterrence given the 85% overload and safety risk; imposed RM6,000 fine or 6 months imprisonment and ordered forfeiture of vehicle VHR 1403 (T/A 9743) to Ketua Pengarah JPJ under s.80(4) APAD 2010 because statutory conditions for forfeiture were satisfied.

Court Disposition

Accused convicted; sentence imposed; vehicle forfeited to JPJ.

Orders

  • Convicted under s.57(1)(b)(vi) read with s.57(3) Akta Pengangkutan Awam Darat 2010
  • Fine of RM6,000 or in default 6 months imprisonment