RAMU A/L KUTTY

RAMU A/L KUTTY

Considering the fatal consequences of the defendant's negligent driving, the early guilty plea and first offender status, and the need to protect public interest by deterrence, the magistrate found the sentence of a RM8,000 fine (or six months' imprisonment if unpaid) with endorsement on the driving licence to be proportionate, lawful and appropriate.

Citation
BF-86-14-07/2022 (Mahkamah Majistret)
Parties
Prosecution: PENDAKWA RAYA; Defendant: RAMU A/L KUTTY
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
17 March 2023
Case Number
BF-86-14-07/2022 (Mahkamah Majistret)
Procedural Posture
Criminal Road Traffic (road Transport Act 1987) / Post Plea Sentencing (convicted; Prosecution Filed Notice of Appeal Against Sentence)
Outcome
Defendant convicted under s.43(1) Akta Pengangkutan Jalan 1987 and sentenced
Legal Topics
Negligent Driving Causing Death, Guilty Plea Mitigation, Endorsement on Driving Licence, Public Interest in Sentencing
Source Language
Malay/English
Criminal Law Road Traffic Law Sentencing Negligent Driving Causing Death Guilty Plea Mitigation Endorsement on Driving Licence Public Interest in Sentencing

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Parties

PENDAKWA RAYA

Prosecution

RAMU A/L KUTTY

Defendant

Procedural Posture

Criminal Road Traffic (road Transport Act 1987) / Post Plea Sentencing (convicted; Prosecution Filed Notice of Appeal Against Sentence)

Legal Issues

  1. 1 Whether the sentence of RM8,000 and endorsement on driving licence was appropriate for an offence under s.43(1) RTA 1987 causing death
  2. 2 Extent of mitigation to be given for early guilty plea and first offender status
  3. 3 Balancing public interest and individual mitigation in sentencing for fatal traffic offences

Ratio Decidendi

Considering the fatal consequences of the defendant's negligent driving, the early guilty plea and first offender status, and the need to protect public interest by deterrence, the magistrate found the sentence of a RM8,000 fine (or six months' imprisonment if unpaid) with endorsement on the driving licence to be proportionate, lawful and appropriate.

Court Disposition

Defendant convicted under s.43(1) Akta Pengangkutan Jalan 1987 and sentenced

Orders

  • Defendant fined RM8,000.00; in default of payment to undergo six months imprisonment
  • Order that conviction particulars be endorsed on the defendant's driving licence pursuant to s.43(2) RTA 1987