DAVEEN KUMAR A/L VIRAMUTHU

DAVEEN KUMAR A/L VIRAMUTHU

Guilty plea was properly admitted on the facts; having weighed gravity of offence, injury caused, mitigation and public interest and noting statutory minimums under s44(1A)(a) Road Transport Act 1987, the court imposed the minimum prescribed sentence of seven years imprisonment, RM30,000 fine (default six months), and seven-year driving disqualification; the sentence is appropriate and is to be upheld.

Citation
BF-83-32-01/2025 (Mahkamah Majistret)
Parties
Prosecutor: Pendakwa Raya; Defendant: Daveen Kumar a/l Viramuthu
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
18 July 2025
Case Number
BF-83-32-01/2025 (Mahkamah Majistret)
Procedural Posture
Criminal Road Traffic / Sentencing (appeal Against Sentence)
Outcome
Appeal dismissed; sentence upheld.
Legal Topics
Driving Under the Influence, Drug Impaired Driving, Causing Bodily Injury, Sentencing Principles, Mitigation and Aggravation
Source Language
Malay/English
Criminal Law Road Traffic Law Sentencing Law Evidence Driving Under the Influence Drug Impaired Driving Causing Bodily Injury Sentencing Principles +1 more

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Parties

Pendakwa Raya

Prosecutor

Daveen Kumar a/l Viramuthu

Defendant

Procedural Posture

Criminal Road Traffic / Sentencing (appeal Against Sentence)

Legal Issues

  1. 1 Whether the guilty plea was properly admitted and factually supported
  2. 2 Whether the sentence imposed was appropriate having regard to statutory minima and mitigating factors
  3. 3 Whether public interest and deterrence justify the minimum statutory sentence and disqualification of licence

Ratio Decidendi

Guilty plea was properly admitted on the facts; having weighed gravity of offence, injury caused, mitigation and public interest and noting statutory minimums under s44(1A)(a) Road Transport Act 1987, the court imposed the minimum prescribed sentence of seven years imprisonment, RM30,000 fine (default six months), and seven-year driving disqualification; the sentence is appropriate and is to be upheld.

Court Disposition

Appeal dismissed; sentence upheld.

Orders

  • Convicted under Section 44(1A)(a) Road Transport Act 1987.
  • Imprisonment for 7 years from date of arrest on 12/01/2025.