[Timbalan (TPR), Jabatan Peguam Negara] MURALEY A/L CHINNAPAYAN

[Timbalan (TPR), Jabatan Peguam Negara] MURALEY A/L CHINNAPAYAN

The framed charge alleged two distinct offences (excess blood and excess urine) contrary to s163 CPC; the duplicity caused confusion and prejudice to the accused and amounted to an illegality not curable under s422 CPC; therefore no valid prima facie case existed and the accused must be acquitted and discharged.

Citation
CG-83-111-06/2022 (Mahkamah Majistret)
Parties
Prosecution: PUBLIC PROSECUTOR; Accused: MURALEY A/L CHINNAPAYAN
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
16 June 2023
Case Number
CG-83-111-06/2022 (Mahkamah Majistret)
Procedural Posture
Criminal Road Transport Act (drunk Driving) / Acquittal and Discharge (grounds of Judgment)
Outcome
Accused acquitted and discharged.
Legal Topics
Duplicity of Charge, Section 163 CPC, Section 422 CPC, Drunk Driving (rta S45 A), Interpretation of 'or', Admissibility of Specimens
Source Language
Malay/English
Criminal Law Road Traffic Law Statutory Interpretation Criminal Procedure Duplicity of Charge Section 163 CPC Section 422 CPC Drunk Driving (rta S45 A) +2 more

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Parties

PUBLIC PROSECUTOR

Prosecution

MURALEY A/L CHINNAPAYAN

Accused

Procedural Posture

Criminal Road Transport Act (drunk Driving) / Acquittal and Discharge (grounds of Judgment)

Legal Issues

  1. 1 Whether the charge is duplicitous
  2. 2 Whether duplicity can be cured under section 422 CPC
  3. 3 Whether prosecution made out a prima facie case

Ratio Decidendi

The framed charge alleged two distinct offences (excess blood and excess urine) contrary to s163 CPC; the duplicity caused confusion and prejudice to the accused and amounted to an illegality not curable under s422 CPC; therefore no valid prima facie case existed and the accused must be acquitted and discharged.

Court Disposition

Accused acquitted and discharged.

Orders

  • Accused Muraley a/l Chinnapayan is acquitted and discharged from the charge under Section 45A of the Road Transport Act 1987.