USAHA WIRAMAS SDN BHD

USAHA WIRAMAS SDN BHD

Court found overloading proven on the evidence and within statutory offence; having weighed public interest, deterrence, and mitigating factors (early plea and first offence), the fine of RM15,000 (12 months imprisonment if unpaid) was lawful and appropriate; the court exercised its statutory discretion under...

Source-derived case information.

Citation
CD-87-3-01/2024 (Mahkamah Majistret)
Parties
Prosecutor: Pendakwa Raya (Jabatan Pengangkutan Jalan, Negeri Pahang); Defendant: Usaha Wiramas Sdn Bhd
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
11 November 2024
Case Number
CD-87-3-01/2024 (Mahkamah Majistret)
Procedural Posture
Criminal / Appeal Against Vehicle Forfeiture/order of Release After Conviction and Sentencing
Outcome
Prosecution appeal against release of vehicle dismissed; conviction and sentence upheld; vehicle released to owner.
Legal Topics
Overloading, Vehicle Forfeiture, Sentencing, Public Interest, Statutory Interpretation
Transportation Law Criminal Law Statutory/regulatory Enforcement Overloading Vehicle Forfeiture Sentencing Public Interest Statutory Interpretation

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Parties

Pendakwa Raya (Jabatan Pengangkutan Jalan, Negeri Pahang)

Prosecutor

Usaha Wiramas Sdn Bhd

Defendant

Procedural Posture

Criminal / Appeal Against Vehicle Forfeiture/order of Release After Conviction and Sentencing

  1. 1 Whether prosecution entitled to mandatory forfeiture under s80(4) APAD 2010 despite conviction
  2. 2 Whether the proven overloading justified maximum or higher sentence
  3. 3 Whether release of the vehicle was a lawful exercise of the court's discretion under s80 APAD 2010

Ratio Decidendi

Court found overloading proven on the evidence and within statutory offence; having weighed public interest, deterrence, and mitigating factors (early plea and first offence), the fine of RM15,000 (12 months imprisonment if unpaid) was lawful and appropriate; the court exercised its statutory discretion under s80(3)-(4) APAD 2010 to release the vehicle to the owner rather than order forfeiture, therefore the prosecution's appeal against release was dismissed.

Court Disposition

Prosecution appeal against release of vehicle dismissed; conviction and sentence upheld; vehicle released to owner.

Orders

  • Convicted: Usaha Wiramas Sdn Bhd guilty under s57(1)(b)(vi) Akta Pengangkutan Awam Darat 2010
  • Sentence: Fine RM15000; in default 12 months imprisonment