[Timbalan (TPR), Jabatan Peguam Negara] TAN KIN WAH

[Timbalan (TPR), Jabatan Peguam Negara] TAN KIN WAH

Mandatory imprisonment under s45A(1) applies; balancing public interest and mitigation, a short custodial term with minimum statutory fine and licence disqualification was appropriate. The court imposed 1 month imprisonment and RM10,000 fine, with licence withheld for 2 years, and permitted suspension of execution on bail pending appeal under s311 CPC with conditions.

Citation
CG-83-49-03/2021 (Mahkamah Majistret)
Parties
Prosecution: Public Prosecutor; Defendant: Tan Kin Wah
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
24 February 2022
Case Number
CG-83-49-03/2021 (Mahkamah Majistret)
Procedural Posture
Criminal Road Traffic (driving Under Influence) / Sentencing After Guilty Plea
Outcome
Defendant convicted and sentenced following guilty plea under s45A(1) Road Transport Act 1987.
Legal Topics
Driving Under Influence, Sentencing, Suspension of Sentence (stay), License Disqualification
Source Language
Malay/English
Criminal Law Road Transport Law Procedural Law Driving Under Influence Sentencing Suspension of Sentence (stay) License Disqualification

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Parties

Public Prosecutor

Prosecution

Tan Kin Wah

Defendant

Procedural Posture

Criminal Road Traffic (driving Under Influence) / Sentencing After Guilty Plea

Legal Issues

  1. 1 Whether mandatory imprisonment applies under s45A(1) Road Transport Act 1987
  2. 2 Appropriate quantum of sentence balancing public interest and mitigation for guilty plea
  3. 3 Whether to suspend execution of sentence under s311 CPC and conditions to impose

Ratio Decidendi

Mandatory imprisonment under s45A(1) applies; balancing public interest and mitigation, a short custodial term with minimum statutory fine and licence disqualification was appropriate. The court imposed 1 month imprisonment and RM10,000 fine, with licence withheld for 2 years, and permitted suspension of execution on bail pending appeal under s311 CPC with conditions.

Court Disposition

Defendant convicted and sentenced following guilty plea under s45A(1) Road Transport Act 1987.

Orders

  • One month imprisonment from date of sentence 24.2.2022
  • Fine RM10,000; default in payment to 6 months imprisonment