Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Causation and defence of mechanical failure
  • 16 Dec 2021

    YEE KIN SUM

    Citation
    WA–41S–44–10/2020 & WA–41H–55–10/2020 (didengar bersama) (Mahkamah Tinggi)
    Court
    didengar bersama
    Case number
    WA–41S–44–10/2020 & WA–41H–55–10/2020 (didengar bersama) (Mahkamah Tinggi)

    The High Court affirmed the Magistrate: eyewitness testimony and video showed the accused made a U-turn and drove against traffic, the defence explanation of mechanical failure was implausible given repair documentation and testimony, and therefore the prosecution proved recklessness under s41(1) RTA 1987 beyond reasonable doubt; the sentence was not manifestly excessive and was upheld.