5 Apr 2024
CHENG YAO NAN
- Citation
- WA-83-8566-12/2020 (Mahkamah Majistret)
- Court
- Magistrates' Court
- Case number
- WA-83-8566-12/2020 (Mahkamah Majistret)
Court found prosecution proved every element of Section 44(1)(b) Road Transport Act 1987: accused was driver, blood alcohol 92 mg/100ml exceeded legal limit, and driving caused fatal injuries to the passenger. The chemical report (Ekshibit P12) together with consistent witness testimony sufficed despite absence of physical specimen in court. Defence failed to raise reasonable doubt and its alternative account was an afterthought; therefore accused convicted and sentenced accordingly.
- Driving under influence (dui)
- Causing death by driving
- Admissibility of exhibits and chain of custody
- Prima facie standard at close of prosecution
- Mitigation and sentencing