PREM ANAND PANICKAR A/L VIJAYAPANICKAR

PREM ANAND PANICKAR A/L VIJAYAPANICKAR

Prosecution failed to prove dangerous driving under s41(1) because eyewitness evidence was inconsistent and investigation did not conclusively establish the precipitating cause; identity of one deceased was also not conclusively proven; however evidence established driving without due care and attention under s43(1) RTA 1987, therefore court amended charges to s43(1), accepted guilty pleas and convicted.

Citation
MC-83-376-06/2024 (Mahkamah Majistret)
Parties
Prosecution: Public Prosecutor; Accused: Preman And Panickara a/l Vijay Apanickar
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
28 August 2024
Case Number
MC-83-376-06/2024 (Mahkamah Majistret)
Procedural Posture
Criminal Road Traffic (road Transport Act 1987) / Judgment and Sentencing
Outcome
Guilty plea accepted; convicted on two amended charges under Section 43(1) Road Transport Act 1987 (driving without due care and attention / without reasonable consideration)
Legal Topics
Dangerous Driving, Careless Driving (due Care and Attention), Identification of Deceased, Investigation Adequacy, Amendment of Charge, Guilty Plea, Sentencing
Source Language
Malay/English
Criminal Law Road Traffic Law Forensic/investigative Procedure Dangerous Driving Careless Driving (due Care and Attention) Identification of Deceased Investigation Adequacy Amendment of Charge +2 more

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Parties

Public Prosecutor

Prosecution

Preman And Panickara a/l Vijay Apanickar

Accused

Procedural Posture

Criminal Road Traffic (road Transport Act 1987) / Judgment and Sentencing

Legal Issues

  1. 1 Whether the accused drove dangerously within meaning of s41(1) RTA 1987
  2. 2 Whether prosecution proved identity of one deceased
  3. 3 Whether investigation was adequate to establish dangerous driving

Ratio Decidendi

Prosecution failed to prove dangerous driving under s41(1) because eyewitness evidence was inconsistent and investigation did not conclusively establish the precipitating cause; identity of one deceased was also not conclusively proven; however evidence established driving without due care and attention under s43(1) RTA 1987, therefore court amended charges to s43(1), accepted guilty pleas and convicted.

Court Disposition

Guilty plea accepted; convicted on two amended charges under Section 43(1) Road Transport Act 1987 (driving without due care and attention / without reasonable consideration)

Orders

  • Charges amended to Section 43(1) RTA 1987 (two counts)
  • Sentenced to a fine of RM5,000 for each amended charge, default nine months' imprisonment for each count