9 Mar 2022
Kumar A/l Appanna [Timbalan (TPR), Jabatan Peguam Negara]
- Citation
- CB-41S-8-10/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- CB-41S-8-10/2020 (Mahkamah Tinggi)
Magistrate's factual findings that eyewitnesses (SP2, SP3) and investigator (SP6) established that the accused's vehicle entered the lawful lane of the Exora/Hilux and caused fatalities were not perverse and supported a prima facie case under s.41(1) RTA 1987; conviction is therefore upheld. However, sentencing procedure breached s.173 KPJ because the accused was not afforded the opportunity to present mitigation; that procedural defect necessitates setting aside the sentence and remitting the matter to the Magistrate for mitigation and re-sentencing.