TAN BOON LEE

TAN BOON LEE

On the totality of evidence (CCTV, investigator and witness testimony and post-mortem), the prosecution proved beyond reasonable doubt that the accused, while attempting a sudden lane change from the far right to the left into a chevron diverging amid heavy traffic, did so without ensuring it was safe, caused the collision and death, and the defence failed to raise a reasonable doubt; absence of chemist testimony did not vitiate the prosecution case as the chemist was offered and defence did not call him.

Citation
WA-83-7285-10/2021 (Mahkamah Majistret)
Parties
Prosecution: Pendakwa Raya; Defendant: Tan Boon Lee
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
30 September 2025
Case Number
WA-83-7285-10/2021 (Mahkamah Majistret)
Procedural Posture
Criminal Traffic (s.41(1) Road Transport Act 1987) / Conviction and Sentencing at Magistrate Court (trial Concluded; Sentence Passed; Suspension Pending Appeal)
Outcome
Accused convicted under s.41(1) Road Transport Act 1987. Sentence: 4 years' imprisonment from date of conviction 30.9.2025; fine RM6,000 with default 12 months' imprisonment; conviction to be recorded on driving licence; disqualified from obtaining driving licence for 5 years from 30.9.2025. Execution of sentence...
Legal Topics
Dangerous Driving Causing Death, Section 41(1) Road Transport Act 1987, Contributory Negligence, Adverse Inference S114(g) Evidence Act 1950, Suspension of Sentence S311 Criminal Procedure Code
Source Language
Malay/English
Criminal Law Traffic Law Evidence Law Sentencing Law Dangerous Driving Causing Death Section 41(1) Road Transport Act 1987 Contributory Negligence Adverse Inference S114(g) Evidence Act 1950 +1 more

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Parties

Pendakwa Raya

Prosecution

Tan Boon Lee

Defendant

Procedural Posture

Criminal Traffic (s.41(1) Road Transport Act 1987) / Conviction and Sentencing at Magistrate Court (trial Concluded; Sentence Passed; Suspension Pending Appeal)

Legal Issues

  1. 1 Whether the accused drove in a manner dangerous to the public under s.41(1) RTA 1987
  2. 2 Whether the accused's lane change caused the death of the motorcyclist
  3. 3 Whether the defence raised a reasonable doubt

Ratio Decidendi

On the totality of evidence (CCTV, investigator and witness testimony and post-mortem), the prosecution proved beyond reasonable doubt that the accused, while attempting a sudden lane change from the far right to the left into a chevron diverging amid heavy traffic, did so without ensuring it was safe, caused the collision and death, and the defence failed to raise a reasonable doubt; absence of chemist testimony did not vitiate the prosecution case as the chemist was offered and defence did not call him.

Court Disposition

Accused convicted under s.41(1) Road Transport Act 1987. Sentence: 4 years' imprisonment from date of conviction 30.9.2025; fine RM6,000 with default 12 months' imprisonment; conviction to be recorded on driving licence; disqualified from obtaining driving licence for 5 years from 30.9.2025. Execution of sentence...

Orders

  • Convicted under s.41(1) Road Transport Act 1987
  • Sentenced to 4 years' imprisonment from 30.9.2025