KANMA ROAD WORKS

KANMA ROAD WORKS

Given the admitted facts establishing a severe overload (45,580kg vs permitted 25,000kg; excess 20,580kg = 82.32%), the court found the RM15,000 fine and forfeiture appropriate: the statutory range permits the fine, guilty plea and mitigation were weighed but outweighed by public safety and deterrence, and s80(4) mandates forfeiture where offence and vehicle nexus are proved.

Citation
AA-87-2847-08/2025 (Mahkamah Majistret)
Parties
Prosecutor: Jabatan Pengangkutan Jalan Negeri Perak; Accused/operator: Kanma Road Works / Encik Kumarasan a/l Kandiah @ Marimuthu
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
25 September 2025
Case Number
AA-87-2847-08/2025 (Mahkamah Majistret)
Procedural Posture
Criminal (traffic/regulatory) / Appeal Against Sentence
Outcome
Appeal dismissed; original sentence and forfeiture upheld
Legal Topics
Overloading, Forfeiture of Vehicle, Sentencing, Statutory Interpretation
Source Language
Malay/English
Road Transport Law Regulatory Enforcement Criminal Law Overloading Forfeiture of Vehicle Sentencing Statutory Interpretation

Case Brief

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Parties

Jabatan Pengangkutan Jalan Negeri Perak

Prosecutor

Kanma Road Works / Encik Kumarasan a/l Kandiah @ Marimuthu

Accused/operator

Procedural Posture

Criminal (traffic/regulatory) / Appeal Against Sentence

Legal Issues

  1. 1 Whether the fine imposed (RM15,000) was appropriate and proportionate
  2. 2 Whether forfeiture (pelucuthakan) of the seized motor lorry to the Director General under s80(4) APAD 2010 was justified

Ratio Decidendi

Given the admitted facts establishing a severe overload (45,580kg vs permitted 25,000kg; excess 20,580kg = 82.32%), the court found the RM15,000 fine and forfeiture appropriate: the statutory range permits the fine, guilty plea and mitigation were weighed but outweighed by public safety and deterrence, and s80(4) mandates forfeiture where offence and vehicle nexus are proved.

Court Disposition

Appeal dismissed; original sentence and forfeiture upheld

Orders

  • Conviction recorded under Section 57(1)(b)(vi) Akta Pengangkutan Awam Darat 2010
  • Fine of RM15,000; failing payment 1 month imprisonment