[Timbalan (TPR), Jabatan Peguam Negara] CHEAH BOON KAI

[Timbalan (TPR), Jabatan Peguam Negara] CHEAH BOON KAI

Although the accused pleaded guilty, the court exercised sentencing discretion to impose a custodial sentence in addition to a fine because the offence involved dangerous conduct on a known hazardous road, frequency of similar incidents in the area and the need for deterrence; accordingly the accused was convicted on the alternative charge under s.43(1) and sentenced to imprisonment and a fine.

Citation
CG-83-152-10/2023 (Mahkamah Majistret)
Parties
Prosecution: Pendakwa Raya; Defendant: Cheah Boon Kai
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
12 October 2023
Case Number
CG-83-152-10/2023 (Mahkamah Majistret)
Procedural Posture
Criminal Road Traffic / Sentencing
Outcome
Convicted on alternative charge under s.43(1) Road Transport Act 1987; sentenced to 4 months imprisonment from 12 October 2023 and fined RM6,000; fine paid; default sentence for non-payment was 3 months imprisonment.
Legal Topics
Dangerous Driving Causing Death, Careless Driving (s.43(1)), Guilty Plea Mitigation, Fines and Default Imprisonment
Source Language
Malay/English
Criminal Law Road Traffic Law Sentencing Dangerous Driving Causing Death Careless Driving (s.43(1)) Guilty Plea Mitigation Fines and Default Imprisonment

Case Brief

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Parties

Pendakwa Raya

Prosecution

Cheah Boon Kai

Defendant

Procedural Posture

Criminal Road Traffic / Sentencing

Legal Issues

  1. 1 Whether the accused committed an offence under s.43(1) Road Transport Act 1987 (careless driving) as an alternative to s.41(1) (dangerous driving causing death)
  2. 2 Appropriate sentence given guilty plea, circumstances of the offence and public interest in deterrence
  3. 3 Whether a fine alone would be adequate punishment given the facts

Ratio Decidendi

Although the accused pleaded guilty, the court exercised sentencing discretion to impose a custodial sentence in addition to a fine because the offence involved dangerous conduct on a known hazardous road, frequency of similar incidents in the area and the need for deterrence; accordingly the accused was convicted on the alternative charge under s.43(1) and sentenced to imprisonment and a fine.

Court Disposition

Convicted on alternative charge under s.43(1) Road Transport Act 1987; sentenced to 4 months imprisonment from 12 October 2023 and fined RM6,000; fine paid; default sentence for non-payment was 3 months imprisonment.

Orders

  • Convicted under s.43(1) Road Transport Act 1987
  • Sentence: 4 months imprisonment from 12/10/2023