Isma Blue Enterprise

Isma Blue Enterprise

Prosecution proved all elements of the offence beyond reasonable doubt by admissible weighbridge evidence and consistent witness testimony; the offence is strict liability so absence of mens rea or reliance on forestry pass does not excuse breach; consequently defendant convicted and vehicle forfeiture under s80(4) is mandatory once the vehicle is shown to be the subject matter of the offence.

Citation
TE-87-88-11/2023 (Mahkamah Majistret)
Parties
Prosecutor: PENDAKWA RAYA; Defendant: ISMA BLUE ENTERPRISE
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
27 October 2025
Case Number
TE-87-88-11/2023 (Mahkamah Majistret)
Procedural Posture
Criminal Offence Under Akta Pengangkutan Awam Darat 2010 / Judgment and Sentencing (magistrates' Court)
Outcome
Defendant convicted and found guilty as charged under amended charge; fine RM11,000.00 or 12 months imprisonment on default; vehicle TBN 5549 and semi trailer T/T 2749 forfeited to the Government.
Legal Topics
Overloading, Strict Liability, Forfeiture of Vehicle, Sentencing, Prima Facie Assessment
Source Language
Malay/English
Transport Law Criminal Law Administrative Law Evidence Law Overloading Strict Liability Forfeiture of Vehicle Sentencing +1 more

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Parties

PENDAKWA RAYA

Prosecutor

ISMA BLUE ENTERPRISE

Defendant

Procedural Posture

Criminal Offence Under Akta Pengangkutan Awam Darat 2010 / Judgment and Sentencing (magistrates' Court)

Legal Issues

  1. 1 Whether the licensed operator (OKS) breached licence condition by permitting vehicle to carry weight exceeding permitted BDM
  2. 2 Whether the offence under s57(1)(a) and (b)(vi) Akta 715 is strict liability and requires mens rea
  3. 3 Whether the prosecution proved the elements beyond reasonable doubt

Ratio Decidendi

Prosecution proved all elements of the offence beyond reasonable doubt by admissible weighbridge evidence and consistent witness testimony; the offence is strict liability so absence of mens rea or reliance on forestry pass does not excuse breach; consequently defendant convicted and vehicle forfeiture under s80(4) is mandatory once the vehicle is shown to be the subject matter of the offence.

Court Disposition

Defendant convicted and found guilty as charged under amended charge; fine RM11,000.00 or 12 months imprisonment on default; vehicle TBN 5549 and semi trailer T/T 2749 forfeited to the Government.

Orders

  • Convicted of offence under Seksyen 57(1)(a) and (b)(vi) and Seksyen 57(3) Akta 715
  • Fine of RM11,000.00 imposed on Isma Blue Enterprise