PENDAKWARAYA Gan Choo Yong

PENDAKWARAYA Gan Choo Yong

P3, a computer-generated printout from the weighing machine, was admissible without a s90A(2) certificate because SP4, who operated the machine and retrieved P3 in the presence of the defendant's representative, gave uncontroverted oral evidence establishing production, the machine's proper working condition and ordinary use; that evidence, together with corroborating documents and testimony proving ownership, established the offence beyond reasonable doubt, warranting affirmation of conviction while permitting reduction of the fine from RM50,000 to RM40,000 under s316(b)(ii) CPC.

Citation
AB-42S-14-09/2020 (Mahkamah Tinggi)
Parties
Appellant/defendant: Gan Choo Yong; Respondent/prosecution: Public Prosecutor
Court
High Court
Jurisdiction
Malaysia
Judgment Date
27 April 2021
Case Number
AB-42S-14-09/2020 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal / Appeal From Conviction and Sentence at the Sessions Court (appellate Review in High Court)
Outcome
Appeal dismissed; finding of guilty and conviction affirmed; sentence reduced
Legal Topics
Overloading of Goods Vehicle, Admissibility of Computer Generated Evidence, Section 90 a Evidence Act 1950, Sentencing Proportionality
Source Language
Malay/English
Criminal Law Evidence Law Transport / Regulatory Law Overloading of Goods Vehicle Admissibility of Computer Generated Evidence Section 90 a Evidence Act 1950 Sentencing Proportionality

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Parties

Gan Choo Yong

Appellant/defendant

Public Prosecutor

Respondent/prosecution

Procedural Posture

Criminal Appeal / Appeal From Conviction and Sentence at the Sessions Court (appellate Review in High Court)

Legal Issues

  1. 1 Whether the computer-generated printout (P3) was admissible without a certificate under s90A(2) Evidence Act 1950
  2. 2 Whether the prosecution proved the offence element that the lorry was overloaded and that the appellant was the licensed operator
  3. 3 Whether non-calling of the driver by the prosecution vitiated the prosecution case

Ratio Decidendi

P3, a computer-generated printout from the weighing machine, was admissible without a s90A(2) certificate because SP4, who operated the machine and retrieved P3 in the presence of the defendant's representative, gave uncontroverted oral evidence establishing production, the machine's proper working condition and ordinary use; that evidence, together with corroborating documents and testimony proving ownership, established the offence beyond reasonable doubt, warranting affirmation of conviction while permitting reduction of the fine from RM50,000 to RM40,000 under s316(b)(ii) CPC.

Court Disposition

Appeal dismissed; finding of guilty and conviction affirmed; sentence reduced

Orders

  • Appeal by defendant dismissed
  • Finding of guilty and conviction affirmed