LAM TIEM LEONG

LAM TIEM LEONG

After maximum evaluation of prosecution and defence evidence the court found the prosecution proved beyond reasonable doubt that the accused drove the vehicle, the chemical analysis showed 212 mg/100ml (exceeding the prescribed limit) and CCTV plus circumstantial evidence established reckless driving causing death; chain of custody and sample identity were satisfactorily established by witnesses and documents and defence explanations were bare denials/afterthoughts that failed to raise reasonable doubt, therefore conviction under Section 44(1)(b) RTA 1987 was warranted and statutory minimum sentence imposed.

Citation
WA-82-59-12/2021 (Mahkamah Majistret)
Parties
Prosecution: PENDAKWA RAYA; Defendant: LAM TIEM LEONG
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
23 June 2025
Case Number
WA-82-59-12/2021 (Mahkamah Majistret)
Procedural Posture
Criminal Road Traffic (road Transport Act 1987) / Trial Concluded; Conviction and Sentencing in Magistrates' Court
Outcome
Guilty; convicted under Section 44(1)(b) Road Transport Act 1987
Legal Topics
Driving Under Influence, Causing Death by Dangerous/reckless Driving, Chain of Custody of Forensic Samples, Admissibility of Forensic and EBA Evidence, Sentencing Principles, Burden and Standard of Proof
Source Language
Malay/English
Criminal Law Road Traffic Law Evidence Law Forensic Science Driving Under Influence Causing Death by Dangerous/reckless Driving Chain of Custody of Forensic Samples Admissibility of Forensic and EBA Evidence +2 more

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Parties

PENDAKWA RAYA

Prosecution

LAM TIEM LEONG

Defendant

Procedural Posture

Criminal Road Traffic (road Transport Act 1987) / Trial Concluded; Conviction and Sentencing in Magistrates' Court

Legal Issues

  1. 1 Whether prosecution proved all elements of Section 44(1)(b) RTA 1987 beyond reasonable doubt
  2. 2 Whether chain of custody and identity of blood sample and EBA result were established
  3. 3 Whether victim's alleged contributory negligence negates criminal liability

Ratio Decidendi

After maximum evaluation of prosecution and defence evidence the court found the prosecution proved beyond reasonable doubt that the accused drove the vehicle, the chemical analysis showed 212 mg/100ml (exceeding the prescribed limit) and CCTV plus circumstantial evidence established reckless driving causing death; chain of custody and sample identity were satisfactorily established by witnesses and documents and defence explanations were bare denials/afterthoughts that failed to raise reasonable doubt, therefore conviction under Section 44(1)(b) RTA 1987 was warranted and statutory minimum sentence imposed.

Court Disposition

Guilty; convicted under Section 44(1)(b) Road Transport Act 1987

Orders

  • Sentence: imprisonment for 10 years from date of conviction
  • Fine RM 50,000.00; in default 6 months imprisonment