INFINITY LOGISTICS & TRANSPORT SDN BHD

INFINITY LOGISTICS & TRANSPORT SDN BHD

Defendant was convicted based on unchallenged weight certificate and exhibits; the guilty plea was validly accepted under established guidelines; given the substantial excess load (80.3%) posing danger to public safety, and after weighing mitigation (guilty plea, COVID-19 hardship) against public interest, the court imposed a fine of RM6,500 or 5 months imprisonment to reflect deterrence and proportionality.

Citation
BL-87-2456-07/2022 (Mahkamah Majistret)
Parties
Prosecutor: Pendakwa Raya; Defendant: Infinity Logistics & Transport Sdn Bhd
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
11 August 2022
Case Number
BL-87-2456-07/2022 (Mahkamah Majistret)
Procedural Posture
Criminal / Conviction and Sentencing
Outcome
convicted and sentenced
Legal Topics
Overloading, Vehicle Weight Limits, Section 57(1)(b)(vi) Akta Pengangkutan Awam Darat 2010, Sentencing
Source Language
Malay/English
Transportation Law Criminal Law Regulatory Enforcement Overloading Vehicle Weight Limits Section 57(1)(b)(vi) Akta Pengangkutan Awam Darat 2010 Sentencing

Case Brief

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Parties

Pendakwa Raya

Prosecutor

Infinity Logistics & Transport Sdn Bhd

Defendant

Procedural Posture

Criminal / Conviction and Sentencing

Legal Issues

  1. 1 Whether the defendant committed the offense of overloading under Section 57(1)(b)(vi) Akta Pengangkutan Awam Darat 2010
  2. 2 Appropriate sentence balancing public interest, mitigation (guilty plea and COVID-19 impact) and aggravating facts (80.3% excess load)

Ratio Decidendi

Defendant was convicted based on unchallenged weight certificate and exhibits; the guilty plea was validly accepted under established guidelines; given the substantial excess load (80.3%) posing danger to public safety, and after weighing mitigation (guilty plea, COVID-19 hardship) against public interest, the court imposed a fine of RM6,500 or 5 months imprisonment to reflect deterrence and proportionality.

Court Disposition

convicted and sentenced

Orders

  • Denda RM6500 gagal bayar 5 bulan penjara