MOHAMAD FAIZ BIN MOKHTAR

MOHAMAD FAIZ BIN MOKHTAR

Prosecution failed to prove identity of the deceased conclusively and therefore did not establish a prima facie case under s41(1) APJ 1987; absent that essential element the charge for dangerous driving causing death could not be sustained. However, the evidence admitted showed careless/negligent driving amounting...

Source-derived case information.

Citation
TA-83-178-06/2020 (Mahkamah Majistret)
Parties
Prosecution: Pendakwa Raya; Defendant: Mohamad Faiz bin Mokhtar
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
21 July 2022
Case Number
TA-83-178-06/2020 (Mahkamah Majistret)
Procedural Posture
Criminal Road Traffic Act (seksyen 41(1) Akta Pengangkutan Jalan 1987) / Judgment After Prosecution Case Closed; Amendment of Charge and Sentencing on Amended Charge
Outcome
Accused acquitted of charge under Section 41(1) Akta Pengangkutan Jalan 1987 (dangerous driving causing death) for failure to prove identity of deceased and prima facie case; charge amended to Section 43(1) APJ 1987 (careless driving), accused pleaded guilty and was convicted.
Legal Topics
Dangerous Driving Causing Death, Prima Facie Standard, Identity of Deceased, Section 114(g) Evidence Act 1950 (adverse Inference), Amendment of Charge, Sentencing and Mitigation
Criminal Law Road Traffic Law Evidence Law Forensic/medical Law Dangerous Driving Causing Death Prima Facie Standard Identity of Deceased Section 114(g) Evidence Act 1950 (adverse Inference) +2 more

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Parties

Pendakwa Raya

Prosecution

Mohamad Faiz bin Mokhtar

Defendant

Procedural Posture

Criminal Road Traffic Act (seksyen 41(1) Akta Pengangkutan Jalan 1987) / Judgment After Prosecution Case Closed; Amendment of Charge and Sentencing on Amended Charge

Legal Issues

  1. 1 Whether the prosecution proved a prima facie case under Section 41(1) APJ 1987 (dangerous driving causing death)
  2. 2 Whether the identity of the deceased was proved conclusively
  3. 3 Whether failure to produce witness statements/recordings (Mohd Faiz Azmi and Inspektor Farah) attracts adverse inference under s114(g) Evidence Act 1950

Ratio Decidendi

Prosecution failed to prove identity of the deceased conclusively and therefore did not establish a prima facie case under s41(1) APJ 1987; absent that essential element the charge for dangerous driving causing death could not be sustained. However, the evidence admitted showed careless/negligent driving amounting to an offence under s43(1) APJ 1987; the court amended the charge, the accused pleaded guilty to s43(1) and was sentenced accordingly.

Court Disposition

Accused acquitted of charge under Section 41(1) Akta Pengangkutan Jalan 1987 (dangerous driving causing death) for failure to prove identity of deceased and prima facie case; charge amended to Section 43(1) APJ 1987 (careless driving), accused pleaded guilty and was convicted.

Orders

  • Charge under Section 41(1) Akta Pengangkutan Jalan 1987 dismissed for want of prima facie case
  • Charge amended to Section 43(1) Akta Pengangkutan Jalan 1987 and accused pleaded guilty to amended charge