YEWAN MAJU ENTERPRISE

YEWAN MAJU ENTERPRISE

Court found the operator guilty of breaching licence load limits under s57(1)(b)(vi) having carried 74.52% excess load; applying s57(3) and balancing public interest/deterrence with mitigating factors (first offender, early guilty plea, hardship), the court imposed a fine of RM9,000 or 4 months' imprisonment and...

Source-derived case information.

Citation
WA-87-4519-11/2023 (Mahkamah Majistret)
Parties
Prosecution: PENDAKWA RAYA; Defendant: YEWAN MAJU ENTERPRISE
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
17 January 2024
Case Number
WA-87-4519-11/2023 (Mahkamah Majistret)
Procedural Posture
Criminal Akta Pengangkutan Awam Darat 2010 (overloading) / Conviction and Sentencing; Prosecution Filed Appeal Against Sentence
Outcome
Defendant convicted under s57(1)(b)(vi) APAD 2010 and sentenced to a fine of RM9,000 or 4 months' imprisonment; vehicle released to owner; prosecution has filed an appeal against the sentence.
Legal Topics
Overloading of Heavy Vehicle, Vehicle Forfeiture, Sentencing, Appeal Against Sentence
Transport (road) Law Criminal Law Administrative Law Overloading of Heavy Vehicle Vehicle Forfeiture Sentencing Appeal Against Sentence

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Parties

PENDAKWA RAYA

Prosecution

YEWAN MAJU ENTERPRISE

Defendant

Procedural Posture

Criminal Akta Pengangkutan Awam Darat 2010 (overloading) / Conviction and Sentencing; Prosecution Filed Appeal Against Sentence

  1. 1 Whether operator breached licence condition by exceeding permitted load under s57(1)(b)(vi) APAD 2010
  2. 2 Appropriate sentence for a first offender who pleaded guilty to overloading
  3. 3 Whether vehicle should be forfeited under s80 APAD 2010

Ratio Decidendi

Court found the operator guilty of breaching licence load limits under s57(1)(b)(vi) having carried 74.52% excess load; applying s57(3) and balancing public interest/deterrence with mitigating factors (first offender, early guilty plea, hardship), the court imposed a fine of RM9,000 or 4 months' imprisonment and exercised its discretion under s80 to release the vehicle to the owner rather than order forfeiture.

Court Disposition

Defendant convicted under s57(1)(b)(vi) APAD 2010 and sentenced to a fine of RM9,000 or 4 months' imprisonment; vehicle released to owner; prosecution has filed an appeal against the sentence.

Orders

  • Pay fine of RM9,000; if fail to pay, 4 months imprisonment
  • Vehicle involved (registration BQC 8840) released to owner