MK GOH TRADING SDN BHD

MK GOH TRADING SDN BHD

The court convicted the company under s57(1)(b)(vi) APAD 2010, imposed a fine of RM35,000 (12 months imprisonment if unpaid) as a proportionate deterrent reflecting the seriousness of a 71.12% overload, but exercised its statutory discretion under s80 APAD 2010 to release the vehicle rather than order forfeiture after weighing mitigation (first offence, early plea, no injury) against public interest.

Citation
CD-87-11-02/2025 (Mahkamah Majistret)
Parties
Prosecution: Pendakwa Raya (Jabatan Pengangkutan Jalan, Negeri Pahang); Accused (operator): MK GOH TRADING SDN BHD
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
8 December 2025
Case Number
CD-87-11-02/2025 (Mahkamah Majistret)
Procedural Posture
Criminal (regulatory Offence Under Akta Pengangkutan Awam Darat 2010) / Appeal by Prosecution Against Sentence and Vehicle Release; Magistrate Judgment Delivered 08/12/2025
Outcome
Accused convicted; sentence imposed; vehicle released to owner
Legal Topics
Overloading of Heavy Vehicle, Vehicle Forfeiture/lucuthak, Sentencing Principles, License Condition Breaches
Source Language
Malay/English
Criminal Law Transport/regulatory Law Administrative Law (regulatory Enforcement) Overloading of Heavy Vehicle Vehicle Forfeiture/lucuthak Sentencing Principles License Condition Breaches

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Parties

Pendakwa Raya (Jabatan Pengangkutan Jalan, Negeri Pahang)

Prosecution

MK GOH TRADING SDN BHD

Accused (operator)

Procedural Posture

Criminal (regulatory Offence Under Akta Pengangkutan Awam Darat 2010) / Appeal by Prosecution Against Sentence and Vehicle Release; Magistrate Judgment Delivered 08/12/2025

Legal Issues

  1. 1 Whether the sentence (RM35,000 fine with 12 months imprisonment if unpaid) was appropriate for breach of licence condition under s57 APAD 2010
  2. 2 Whether the vehicle CDJ8855 should be forfeited under s80(4) APAD 2010 or released
  3. 3 Proper application of discretion under s80(3)-(4) when vehicle is the subject-matter of the offence

Ratio Decidendi

The court convicted the company under s57(1)(b)(vi) APAD 2010, imposed a fine of RM35,000 (12 months imprisonment if unpaid) as a proportionate deterrent reflecting the seriousness of a 71.12% overload, but exercised its statutory discretion under s80 APAD 2010 to release the vehicle rather than order forfeiture after weighing mitigation (first offence, early plea, no injury) against public interest.

Court Disposition

Accused convicted; sentence imposed; vehicle released to owner

Orders

  • Denda RM35,000.00; jika gagal bayar hukuman gantian 12 bulan penjara
  • Kenderaan No. Pendaftaran CDJ8855 dilepaskan kembali kepada pemilik (OKS)