HOW PEI LIN

HOW PEI LIN

On the totality of evidence (investigator testimony, photographs and post-mortem) the court found beyond reasonable doubt that the accused turned into the deceased's legitimate lane before reaching the mouth of the junction, creating a dangerous situation which caused the deceased's fatal injuries; the defence version was inconsistent with contemporaneous report and silent witness photos and failed to raise reasonable doubt; conviction under s.41(1) RTA 1987 followed and sentence imposed consistent with deterrence and statutory minima.

Citation
JG-83-606-11/2021 (Mahkamah Majistret)
Parties
Prosecution: PENDAKWA RAYA; Defendant: HOW PEI LIN
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
20 January 2025
Case Number
JG-83-606-11/2021 (Mahkamah Majistret)
Procedural Posture
Criminal / Judgment and Sentencing
Outcome
Accused found guilty and convicted under s.41(1) Road Transport Act 1987
Legal Topics
Dangerous Driving Causing Death, Section 41 Road Transport Act 1987, Expert Forensic Evidence, Photographic Evidence, Sentencing Principles, Disqualification and Endorsement of Licence
Source Language
Malay/English
Road Traffic Law Criminal Law Evidence Sentencing Dangerous Driving Causing Death Section 41 Road Transport Act 1987 Expert Forensic Evidence Photographic Evidence +2 more

Case Brief

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Parties

PENDAKWA RAYA

Prosecution

HOW PEI LIN

Defendant

Procedural Posture

Criminal / Judgment and Sentencing

Legal Issues

  1. 1 Whether the accused drove in a manner dangerous to the public under s.41(1) RTA 1987 and caused death
  2. 2 Whether prosecution proved causation between driving and death beyond reasonable doubt
  3. 3 Whether defence explanation (decedent emerging from junction) raised reasonable doubt

Ratio Decidendi

On the totality of evidence (investigator testimony, photographs and post-mortem) the court found beyond reasonable doubt that the accused turned into the deceased's legitimate lane before reaching the mouth of the junction, creating a dangerous situation which caused the deceased's fatal injuries; the defence version was inconsistent with contemporaneous report and silent witness photos and failed to raise reasonable doubt; conviction under s.41(1) RTA 1987 followed and sentence imposed consistent with deterrence and statutory minima.

Court Disposition

Accused found guilty and convicted under s.41(1) Road Transport Act 1987

Orders

  • Imprisonment for 5 years from date of conviction
  • Fine RM28000, with default one year imprisonment if fine not paid