Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Careless driving

  • 27 Mar 2025

    MOHD ZAINI BIN ABU HASSAN

    Citation
    CB-83-265-08/2022 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    CB-83-265-08/2022 (Mahkamah Majistret)

    Prosecution failed to prove a prima facie case under s41(1) because an alternative, reasonable inference existed that the Proton Waja protruded onto the main carriageway (thus no established positive dangerous act by accused); however evidence showed accused failed to exercise due care and attention, establishing a prima facie case under s43(1), and the accused was called to defend on that charge.

  • 25 Mar 2025

    NOR FARAH AIN BINTI SHAHARUDDIN

    Citation
    AA-83-845-07/2022 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    AA-83-845-07/2022 (Mahkamah Majistret)

    Prosecution failed to prove beyond reasonable doubt that the accused drove in a manner dangerous to the public as required by s.41(1) because of absence of eyewitness/CCTV, delayed and compromised scene preservation, inconsistent investigator testimony and physical evidence inconsistent with the prosecution narrative; however evidence established lack of due care and attention by entering the junction without sufficient care, amounting to an offence under s.43(1) RTA 1987, warranting conviction and a fine.

  • 14 Jan 2025

    MOHD AZLAN BIN MD NOR

    Citation
    RA-83-875-12/2023 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    RA-83-875-12/2023 (Mahkamah Majistret)

    Prosecution failed to establish a prima facie case for dangerous driving causing death under s.41(1) APJ due to competing inferences and contributory factors, but established prima facie that the accused drove without due care and attention contrary to s.43(1) APJ; the court lawfully amended the charge, accepted the accused's unconditional plea to s.43(1) and convicted and sentenced accordingly.

  • 28 Nov 2023

    MOHAMAD HANIF BIN KAMAL

    Citation
    PD-82-2-03/2022 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    PD-82-2-03/2022 (Mahkamah Majistret)

    Magistrate found no prima facie case under s.41(1) but a prima facie case under s.42 existed at close of prosecution; after hearing defence the prosecution failed to prove s.42 beyond reasonable doubt because an alternative reasonable inference (accused momentarily encroached or was careless rather than driving dangerously) existed; however the evidence supported conviction for careless driving under s.43(1) APJ and the accused was convicted and sentenced accordingly.

  • 14 May 2023

    [TIMBALAN ] Ahmad Sufi Bin Ismail

    Citation
    83-91-09/2020 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    83-91-09/2020 (Mahkamah Majistret)

    Prosecution failed to prove the fault/khilaf element required for conviction under s41(1) because credible evidence (notably eyewitness SP12) established accidental loss of control reacting to a suddenly braking vehicle ahead and adverse wet conditions; therefore no prima facie case for s41(1). However the facts established a prima facie case of careless driving under s43(1), warranting amendment of the charge, a guilty plea to s43(1) and conviction with sentence reflected accordingly.

  • 19 Dec 2022

    [TIMBALAN ] Muhamad Izwan Bin Rosdan 019-3120089

    Citation
    BA-41H-47-04/2021 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BA-41H-47-04/2021 (Mahkamah Tinggi)

    The prosecution failed to prove, on the evidence, that the respondent was driving in a dangerous manner under section 41(1); the Magistrate rightly amended the charge under section 41(4) to section 43 given evidential gaps (notably lack of investigation into the respondent's defence about the deceased emerging from a junction without lights), and the sentence of RM4,500 (default 6 months) was not manifestly inadequate and was affirmed.

  • 26 Jul 2022

    BL-41H-16-04/2022 (Mahkamah Tinggi)

    Citation
    BL-41H-16-04/2022 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BL-41H-16-04/2022 (Mahkamah Tinggi)

    The High Court held the Magistrate did not err: the prosecution failed to prove a prima facie case for dangerous driving under section 41(1); available evidence only established conduct falling under section 43(1); accordingly the Magistrate properly amended the charge and the appeal was dismissed.

  • 26 Jul 2022

    [ ] TAN HUI XIANG

    Citation
    BL-41H-16-04/2022 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BL-41H-16-04/2022 (Mahkamah Tinggi)

    Magistrate did not err: prosecution failed to establish prima facie case under s.41(1) given site conditions (road crest) and lack of eyewitness evidence of reckless driving; Magistrate properly exercised discretion under s.169(2) to substitute charge to s.43(1) for careless driving; appellate court will not interfere with factual findings including site visit observations in absence of error.

  • 30 Jan 2022

    DESA BIN SAAD

    Citation
    JB-42H-21-07/2021 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    JB-42H-21-07/2021 (Mahkamah Tinggi)

    Appellant changed from the left lane into the bus's right lane without signalling or ensuring it was safe, breaching traffic rules and causing the fatal collision; evidence established negligence and causation beyond reasonable doubt; therefore conviction under s.43(1) Road Transport Act 1987 and the sentence of RM9,000 (or 8 months' default imprisonment) are affirmed.