DESA BIN SAAD

DESA BIN SAAD

Appellant changed from the left lane into the bus's right lane without signalling or ensuring it was safe, breaching traffic rules and causing the fatal collision; evidence established negligence and causation beyond reasonable doubt; therefore conviction under s.43(1) Road Transport Act 1987 and the sentence of RM9,000 (or 8 months' default imprisonment) are affirmed.

Citation
JB-42H-21-07/2021 (Mahkamah Tinggi)
Parties
Appellant/accused: Desa Bin Saad; Respondent/prosecution: Pendakwa Raya
Court
High Court
Jurisdiction
Malaysia
Judgment Date
30 January 2022
Case Number
JB-42H-21-07/2021 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence From Magistrates' Court to High Court (appellate Hearing and Judgment)
Outcome
Appeal dismissed; conviction and sentence affirmed.
Legal Topics
Right of Way, Careless Driving, Lane Change Liability, Causation, Sentencing
Source Language
Malay/English
Criminal Law Road Traffic Law Negligence Right of Way Careless Driving Lane Change Liability Causation Sentencing

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 18 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Desa Bin Saad

Appellant/accused

Pendakwa Raya

Respondent/prosecution

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence From Magistrates' Court to High Court (appellate Hearing and Judgment)

Legal Issues

  1. 1 Whether the respondent (bus) had right of way at KM 148.0 North-South Expressway heading south in Muar, Johor.
  2. 2 Whether the appellant (lorry driver) drove without due care and attention contrary to s.43(1) Road Transport Act 1987 by entering the respondent's lane and causing the collision.

Ratio Decidendi

Appellant changed from the left lane into the bus's right lane without signalling or ensuring it was safe, breaching traffic rules and causing the fatal collision; evidence established negligence and causation beyond reasonable doubt; therefore conviction under s.43(1) Road Transport Act 1987 and the sentence of RM9,000 (or 8 months' default imprisonment) are affirmed.

Court Disposition

Appeal dismissed; conviction and sentence affirmed.

Orders

  • Conviction under s.43(1) Akta Pengangkutan Jalan 1987 affirmed
  • Sentence of fine RM9,000.00 imposed; in default of payment 8 months' imprisonment affirmed