PENDAKWARAYA PUBLIC PROSECUTOR CHEW JING ZHONG

PENDAKWARAYA PUBLIC PROSECUTOR CHEW JING ZHONG

The court found the prosecution established a prima facie case and, on full trial, proved beyond reasonable doubt that the accused was over the statutory alcohol limits (blood 180 mg/100ml; urine 234 mg/100ml) with drugs present, that his intoxication impaired his ability to control the vehicle as evidenced by collision dynamics and injuries, and that this caused the victim's death; the defence's explanations were inconsistent and failed to raise reasonable doubt; accordingly the accused was convicted under s44(1) RTA and sentenced; the stay of execution was refused because no special circumstances were shown.

Citation
WA-83-2777-04/2018 (Mahkamah Majistret)
Parties
Prosecution: Public Prosecutor; Accused: Chew Jing Zhong
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
18 November 2019
Case Number
WA-83-2777-04/2018 (Mahkamah Majistret)
Procedural Posture
Criminal Road Traffic (road Transport Act) / Judgment After Full Trial; Conviction and Sentencing; Stay of Execution Application Refused; Appeal Pending
Outcome
Accused convicted under section 44(1) Road Transport Act 1987; sentenced and orders made; stay of execution refused.
Legal Topics
Drunk Driving Causing Death, Prima Facie Test at Close of Prosecution's Case, Chain of Custody for Chemical Tests, Stay of Execution Under Appeal, Sentencing and Public Interest
Source Language
Malay/English
Criminal Law Road Traffic Law Evidence Procedure Drunk Driving Causing Death Prima Facie Test at Close of Prosecution's Case Chain of Custody for Chemical Tests Stay of Execution Under Appeal +1 more

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Parties

Public Prosecutor

Prosecution

Chew Jing Zhong

Accused

Procedural Posture

Criminal Road Traffic (road Transport Act) / Judgment After Full Trial; Conviction and Sentencing; Stay of Execution Application Refused; Appeal Pending

Legal Issues

  1. 1 Whether the prosecution established a prima facie case under section 44(1) RTA
  2. 2 Whether the accused was under the influence of alcohol/drugs to the extent of impairing control
  3. 3 Whether the impairment caused the death of the victim

Ratio Decidendi

The court found the prosecution established a prima facie case and, on full trial, proved beyond reasonable doubt that the accused was over the statutory alcohol limits (blood 180 mg/100ml; urine 234 mg/100ml) with drugs present, that his intoxication impaired his ability to control the vehicle as evidenced by collision dynamics and injuries, and that this caused the victim's death; the defence's explanations were inconsistent and failed to raise reasonable doubt; accordingly the accused was convicted under s44(1) RTA and sentenced; the stay of execution was refused because no special circumstances were shown.

Court Disposition

Accused convicted under section 44(1) Road Transport Act 1987; sentenced and orders made; stay of execution refused.

Orders

  • Imprisonment for 42 months from date of conviction
  • Fine of RM9,000; in default, a further 6 months imprisonment