KB TRANSPORT & TRADING SDN BHD

KB TRANSPORT & TRADING SDN BHD

Magistrate lawfully exercised discretion under s80 APAD 2010: having found the operator guilty under s57(1)(b)(vi) for significant overloading, the court balanced public interest, mitigation (guilty plea, first offender, valid documents, no accident), and sentencing principles and imposed a fine of RM13,000 (default 13 months' imprisonment) while ordering release of the vehicle rather than forfeiture; the prosecution's appeal against non-forfeiture is dismissed because the magistrate's decision to release the vehicle fell within lawful discretion and sentencing ambit.

Citation
CD-87-8-01/2024 (Mahkamah Majistret)
Parties
Prosecutor/appellant: Pendakwa Raya (Jabatan Pengangkutan Jalan, Negeri Pahang - Kuantan); Respondent/defendant: KB Transport & Trading Sdn Bhd (Company No.: 1141896-V)
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
11 June 2024
Case Number
CD-87-8-01/2024 (Mahkamah Majistret)
Procedural Posture
Criminal Offence Under Akta Pengangkutan Awam Darat 2010 (apad) / Appeal by Prosecution Against Magistrate's Refusal to Order Forfeiture After Conviction and Sentencing
Outcome
Appeal by Pendakwa Raya dismissed; magistrate's conviction, fine and order to release vehicle upheld.
Legal Topics
Overloading/weight Limits, Vehicle Forfeiture Under S80 APAD 2010, Sentencing Under S57 APAD 2010, Judicial Discretion Vs Mandatory Power
Source Language
Malay/English
Criminal Law Road/transport Law Statutory Forfeiture Overloading/weight Limits Vehicle Forfeiture Under S80 APAD 2010 Sentencing Under S57 APAD 2010 Judicial Discretion Vs Mandatory Power

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Parties

Pendakwa Raya (Jabatan Pengangkutan Jalan, Negeri Pahang - Kuantan)

Prosecutor/appellant

KB Transport & Trading Sdn Bhd (Company No.: 1141896-V)

Respondent/defendant

Procedural Posture

Criminal Offence Under Akta Pengangkutan Awam Darat 2010 (apad) / Appeal by Prosecution Against Magistrate's Refusal to Order Forfeiture After Conviction and Sentencing

Legal Issues

  1. 1 Whether the court was bound to order forfeiture of the vehicle under s80(4) APAD 2010
  2. 2 Whether the sentence imposed under s57(3) APAD 2010 (fine) was appropriate
  3. 3 Whether the existence of valid documents and mitigation justify release of vehicle despite conviction

Ratio Decidendi

Magistrate lawfully exercised discretion under s80 APAD 2010: having found the operator guilty under s57(1)(b)(vi) for significant overloading, the court balanced public interest, mitigation (guilty plea, first offender, valid documents, no accident), and sentencing principles and imposed a fine of RM13,000 (default 13 months' imprisonment) while ordering release of the vehicle rather than forfeiture; the prosecution's appeal against non-forfeiture is dismissed because the magistrate's decision to release the vehicle fell within lawful discretion and sentencing ambit.

Court Disposition

Appeal by Pendakwa Raya dismissed; magistrate's conviction, fine and order to release vehicle upheld.

Orders

  • Conviction of KB Transport & Trading Sdn Bhd under s57(1)(b)(vi) APAD 2010 confirmed
  • Fine of RM13,000 imposed on KB Transport & Trading Sdn Bhd; in default 13 months' imprisonment