[ ] MD SAID BIN NORDIN

[ ] MD SAID BIN NORDIN

Accused pleaded guilty; evidence (urine test positive for amphetamine/methamphetamine and post-mortem showing fatal injuries) proved offence under s44(1)(a). Court afforded mitigation credit for early plea and first offence but found offence grave due to death and drug influence; imposed statutory minimum custodial sentence of 10 years, fine RM50,000 (or 24 months imprisonment) and disqualification from holding/obtaining driving licence for 12 years, with licence endorsement.

Citation
AP-83-3-01/2022 (Mahkamah Majistret)
Parties
Prosecution: Pendakwa Raya; Defendant: Md Said bin Nordin
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
26 May 2022
Case Number
AP-83-3-01/2022 (Mahkamah Majistret)
Procedural Posture
Criminal Road Traffic / Sentence (magistrate Court)
Outcome
Convicted and sentenced
Legal Topics
Causing Death by Driving Under Influence, Section 44(1)(a) Road Transport Act 1987, Guilty Plea Mitigation, Driving Licence Disqualification
Source Language
Malay/English
Criminal Law Road Traffic Law Drug Offences Sentencing Causing Death by Driving Under Influence Section 44(1)(a) Road Transport Act 1987 Guilty Plea Mitigation Driving Licence Disqualification

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Parties

Pendakwa Raya

Prosecution

Md Said bin Nordin

Defendant

Procedural Posture

Criminal Road Traffic / Sentence (magistrate Court)

Legal Issues

  1. 1 Whether accused drove under influence of drugs causing death
  2. 2 Appropriate sentence given guilty plea and mitigation
  3. 3 Proper period of disqualification from obtaining/holding licence

Ratio Decidendi

Accused pleaded guilty; evidence (urine test positive for amphetamine/methamphetamine and post-mortem showing fatal injuries) proved offence under s44(1)(a). Court afforded mitigation credit for early plea and first offence but found offence grave due to death and drug influence; imposed statutory minimum custodial sentence of 10 years, fine RM50,000 (or 24 months imprisonment) and disqualification from holding/obtaining driving licence for 12 years, with licence endorsement.

Court Disposition

Convicted and sentenced

Orders

  • Imprisonment 10 years from date of conviction
  • Fine RM50,000.00 or in default 24 months imprisonment