[Polis Diraja Malaysia (PDRM)] NURUL SYAFIQAH BINTI ABDULLAH SANI

[Polis Diraja Malaysia (PDRM)] NURUL SYAFIQAH BINTI ABDULLAH SANI

Prosecution failed to eliminate reasonable doubt because defence raised a plausible alternative causation (animal crossing and tyre failure) that was not effectively challenged, there were no independent eyewitnesses or CCTV, forensic evidence permitted other causes and the victim's insecure position on the mother's lap materially contributed to death; therefore prosecution did not prove guilt beyond reasonable doubt and accused must be acquitted under the applicable procedural provisions.

Citation
BF-83-351-07/2020 (Mahkamah Majistret)
Parties
Prosecution: PENDAKWA RAYA; Accused: NURUL SYAFIQAH BINTI ABDULLAH SANI
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
22 March 2024
Case Number
BF-83-351-07/2020 (Mahkamah Majistret)
Procedural Posture
Criminal Traffic (dangerous Driving Causing Death) / Trial Judgment at End of Defence
Outcome
acquitted and discharged
Legal Topics
Dangerous Driving Causing Death, Prima Facie Test, Reasonable Doubt, Acquittal, Causation, Evidence Evaluation, Section 41 Road Transport Act 1987, Sections 173 and 182 a Criminal Procedure Code
Source Language
Malay/English
Criminal Law Traffic Law Procedural Law Forensic Medicine Dangerous Driving Causing Death Prima Facie Test Reasonable Doubt Acquittal +4 more

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Parties

PENDAKWA RAYA

Prosecution

NURUL SYAFIQAH BINTI ABDULLAH SANI

Accused

Procedural Posture

Criminal Traffic (dangerous Driving Causing Death) / Trial Judgment at End of Defence

Legal Issues

  1. 1 Whether accused drove dangerously causing death in breach of s.41(1) RTA 1987
  2. 2 Whether prosecution proved the case beyond reasonable doubt
  3. 3 Whether defence version (animal crossing and tyre burst) raised reasonable doubt

Ratio Decidendi

Prosecution failed to eliminate reasonable doubt because defence raised a plausible alternative causation (animal crossing and tyre failure) that was not effectively challenged, there were no independent eyewitnesses or CCTV, forensic evidence permitted other causes and the victim's insecure position on the mother's lap materially contributed to death; therefore prosecution did not prove guilt beyond reasonable doubt and accused must be acquitted under the applicable procedural provisions.

Court Disposition

acquitted and discharged

Orders

  • Accused acquitted and discharged; bail money and driving licence returned to accused