PSS ENTERPRISE

PSS ENTERPRISE

Given the undisputed weighbridge evidence establishing a 50.4% overload, the defendant's early guilty plea and cooperation were mitigatory but outweighed by public interest and need for deterrence due to risk to road users and local rampancy; within statutory limits the court imposed a proportionate fine of RM50,000 under s57(3) Akta Pengangkutan Awam Darat 2010.

Citation
AG-87-179-10/2024 (Mahkamah Majistret)
Parties
Prosecutor: PENDAKWARAYA (Prosecution); Defendant: PSS ENTERPRISE (IP0220543-H)
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
22 January 2025
Case Number
AG-87-179-10/2024 (Mahkamah Majistret)
Procedural Posture
Criminal Regulatory Offence Under Transport Law / Convicted Following Guilty Plea; Sentencing Imposed
Outcome
Defendant convicted on plea; fined RM50,000 under s57(3) Akta Pengangkutan Awam Darat 2010
Legal Topics
Overloading, Sentencing, Public Safety, Deterrence
Source Language
Malay/English
Transport Law Criminal Law Road Traffic Regulation Overloading Sentencing Public Safety Deterrence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2 Amounts and remedies 8
Sign in to unlock

Parties

PENDAKWARAYA (Prosecution)

Prosecutor

PSS ENTERPRISE (IP0220543-H)

Defendant

Procedural Posture

Criminal Regulatory Offence Under Transport Law / Convicted Following Guilty Plea; Sentencing Imposed

Legal Issues

  1. 1 Whether the licensed operator permitted a vehicle to be driven with load exceeding licensed permit contrary to s57(1)(b)(iv) Akta Pengangkutan Awam Darat 2010
  2. 2 What is the appropriate sentence balancing public interest, deterrence and mitigation (early plea, cooperation, no previous record, business losses)

Ratio Decidendi

Given the undisputed weighbridge evidence establishing a 50.4% overload, the defendant's early guilty plea and cooperation were mitigatory but outweighed by public interest and need for deterrence due to risk to road users and local rampancy; within statutory limits the court imposed a proportionate fine of RM50,000 under s57(3) Akta Pengangkutan Awam Darat 2010.

Court Disposition

Defendant convicted on plea; fined RM50,000 under s57(3) Akta Pengangkutan Awam Darat 2010

Orders

  • Fine of RM50,000 to be paid by PSS ENTERPRISE
  • Conviction recorded