PENDAKWARAYA MUHAMMAD NAZRI BIN ABDUL RAHMAN NG PEI VEN

PENDAKWARAYA MUHAMMAD NAZRI BIN ABDUL RAHMAN NG PEI VEN

Court found prosecution proved identity of the driver (Ng Pei Ven) and deceased, proved the accused drove against traffic on a three-lane carriageway for some 6–7 km at high speed, that the manner of driving amounted to 'reckless' driving under s.41(1) RTA 1987, and that those acts caused the death; defence account was inconsistent and amounted to afterthought; prima facie case established and, after full trial, guilt proven beyond reasonable doubt leading to conviction and sentence under s.41(1).

Citation
PC83-278-03/2017 (Mahkamah Majistret)
Parties
Prosecution: PENDAKWA RAYA; Defendant: Ng Pei Ven
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
14 July 2021
Case Number
PC83-278-03/2017 (Mahkamah Majistret)
Procedural Posture
Criminal – Road Traffic Offence Under Section 41(1) Road Transport Act 1987 / Trial — Conviction and Sentencing in Magistrates' Court
Outcome
Convicted guilty under Section 41(1) Road Transport Act 1987.
Legal Topics
Reckless Driving Causing Death, Section 41(1) RTA 1987, Prima Facie Test at Close of Prosecution Case, Identification of Deceased, Sentencing Principles
Source Language
Malay/English
Criminal Law Road Traffic Law Forensic Evidence Reckless Driving Causing Death Section 41(1) RTA 1987 Prima Facie Test at Close of Prosecution Case Identification of Deceased Sentencing Principles

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Parties

PENDAKWA RAYA

Prosecution

Ng Pei Ven

Defendant

Procedural Posture

Criminal – Road Traffic Offence Under Section 41(1) Road Transport Act 1987 / Trial — Conviction and Sentencing in Magistrates' Court

Legal Issues

  1. 1 Whether prosecution proved identity of driver
  2. 2 Whether accused drove 'recklessly' or 'dangerously' under s.41(1) RTA 1987
  3. 3 Causation between accused's driving and death of victim

Ratio Decidendi

Court found prosecution proved identity of the driver (Ng Pei Ven) and deceased, proved the accused drove against traffic on a three-lane carriageway for some 6–7 km at high speed, that the manner of driving amounted to 'reckless' driving under s.41(1) RTA 1987, and that those acts caused the death; defence account was inconsistent and amounted to afterthought; prima facie case established and, after full trial, guilt proven beyond reasonable doubt leading to conviction and sentence under s.41(1).

Court Disposition

Convicted guilty under Section 41(1) Road Transport Act 1987.

Orders

  • Fine RM18,000; default imprisonment 24 months if unpaid
  • Immediate imprisonment 5 years from date of conviction