Aziz Satar Bin Mat Dali [ ]

Aziz Satar Bin Mat Dali [ ]

Prosecution failed to prove beyond reasonable doubt that appellant drove in a manner meeting the legal threshold for s.41(1) reckless or dangerous driving; the learned Magistrate misapplied the burden by not properly evaluating defence and drawing inferences favourable to accused; defence raised reasonable doubt and evidence supported conviction only for driving without due care under s.43(1), therefore conviction substituted to s.43(1) and appropriate sentence was a fine of RM10,000 (default 1 year imprisonment).

Citation
AB-41S-8-08/2020 (Mahkamah Tinggi)
Parties
Appellant/accused: Aziz Satar bin Mat Dali; Respondent/prosecution: Public Prosecutor
Court
High Court
Jurisdiction
Malaysia
Judgment Date
12 May 2022
Case Number
AB-41S-8-08/2020 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal / High Court Judgment on Appeal From Magistrate's Court
Outcome
Appeal allowed in part; conviction substituted from section 41(1) Road Transport Act 1987 to section 43(1); sentence imposed: fine RM10,000, in default 1 year imprisonment; driving licence to be endorsed accordingly.
Legal Topics
Dangerous Driving, Reckless Driving, Causing Death by Vehicle, Substitution to Lesser Offence, Evidence and Burden of Proof, Prima Facie, Sentencing
Source Language
Malay/English
Criminal Law Road Transport Law Traffic Offences Dangerous Driving Reckless Driving Causing Death by Vehicle Substitution to Lesser Offence Evidence and Burden of Proof +2 more

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Parties

Aziz Satar bin Mat Dali

Appellant/accused

Public Prosecutor

Respondent/prosecution

Procedural Posture

Criminal Appeal / High Court Judgment on Appeal From Magistrate's Court

Legal Issues

  1. 1 Whether prosecution proved offence under s.41(1) Road Transport Act 1987 beyond reasonable doubt
  2. 2 Whether the learned Magistrate misdirected on burden of proof and evaluation of defence
  3. 3 Whether the defence raised a reasonable doubt sufficient to defeat s.41(1) charge

Ratio Decidendi

Prosecution failed to prove beyond reasonable doubt that appellant drove in a manner meeting the legal threshold for s.41(1) reckless or dangerous driving; the learned Magistrate misapplied the burden by not properly evaluating defence and drawing inferences favourable to accused; defence raised reasonable doubt and evidence supported conviction only for driving without due care under s.43(1), therefore conviction substituted to s.43(1) and appropriate sentence was a fine of RM10,000 (default 1 year imprisonment).

Court Disposition

Appeal allowed in part; conviction substituted from section 41(1) Road Transport Act 1987 to section 43(1); sentence imposed: fine RM10,000, in default 1 year imprisonment; driving licence to be endorsed accordingly.

Orders

  • Conviction substituted to an offence under section 43(1) Road Transport Act 1987
  • Sentence: fine RM10,000, in default one year imprisonment