CHOP SIN HUAT HENG

CHOP SIN HUAT HENG

Defendant convicted on unqualified guilty plea supported by documentary exhibits (weighing certificate and SSM). Balancing public interest and mitigation (plea and financial hardship), court imposed a fine of RM5,500 with 6 months imprisonment in default as an appropriate and proportionate sentence to punish, deter and protect public safety.

Citation
BL-87-2637-07/2022 (Mahkamah Majistret)
Parties
Prosecutor: PENDAKWA RAYA; Defendant: CHOP SIN HUAT HENG
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
25 August 2022
Case Number
BL-87-2637-07/2022 (Mahkamah Majistret)
Procedural Posture
Criminal Overloading (akta Pengangkutan Awam Darat 2010) / Conviction and Sentencing (magistrate Court)
Outcome
Guilty; sentenced to fine RM5,500 or 6 months imprisonment in default
Legal Topics
Overloading, Sentencing, Plea of Guilt, Public Interest
Source Language
Malay/English
Criminal Law Transport Law Road Safety Overloading Sentencing Plea of Guilt Public Interest

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 4 Authorities cited 8 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

PENDAKWA RAYA

Prosecutor

CHOP SIN HUAT HENG

Defendant

Procedural Posture

Criminal Overloading (akta Pengangkutan Awam Darat 2010) / Conviction and Sentencing (magistrate Court)

Legal Issues

  1. 1 Whether the defendant permitted an overloaded vehicle to be driven in breach of Section 57(1)(b)(vi) Akta Pengangkutan Awam Darat 2010
  2. 2 Appropriate sentence balancing public interest, mitigation (guilty plea and financial hardship due to COVID-19) and deterrence

Ratio Decidendi

Defendant convicted on unqualified guilty plea supported by documentary exhibits (weighing certificate and SSM). Balancing public interest and mitigation (plea and financial hardship), court imposed a fine of RM5,500 with 6 months imprisonment in default as an appropriate and proportionate sentence to punish, deter and protect public safety.

Court Disposition

Guilty; sentenced to fine RM5,500 or 6 months imprisonment in default

Orders

  • Convicted and sentenced to a fine of RM5,500; in default of payment to serve 6 months imprisonment