Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Causation of death

  • 4 Aug 2025

    MOHAMAD ZAKIRAN BIN MOHD ZAIN

    Citation
    DH-83-172-12/2023 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    DH-83-172-12/2023 (Mahkamah Majistret)

    Prosecution failed to prove two essential elements: that the accused drove in a manner dangerous to the public after taking account of the relevant circumstances and that such driving was the immediate cause of death. Incomplete investigation by the investigating officer and significant contributory factors (high speed of the motorcycle, defective front brake, victim not wearing helmet) created reasonable doubt; therefore accused must be discharged and acquitted and benefit of doubt granted.

  • 5 Jun 2025

    MARIYA ADISAN A/L TANGARAJAH

    Citation
    KA-83-766-07/2023 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    KA-83-766-07/2023 (Mahkamah Majistret)

    The court accepted the dashcam recordings as admissible and reliable, found the prosecution proved all elements of s.41(1) RTA 1987: accused was driving the bus, objectively drove dangerously by crossing into the left lane at speed and colliding with the truck, and that collision caused the deceased’s death as established by post‑mortem. Defence version was unsupported and did not raise reasonable doubt; conviction and sentence followed.

  • 27 Sept 2024

    ALIFF ASYRAF BIN ABU

    Citation
    WA-83-2508-03/2022 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    WA-83-2508-03/2022 (Mahkamah Majistret)

    After maximum evaluation of prosecution evidence (witnesses, CCTV segments, PUSPAKOM and forensic reports and expert testimony) the court found the prosecution proved beyond reasonable doubt that the accused's manner of driving created an objectively dangerous situation which caused the deaths of four persons; the defence account was judged to be fabrication and failed to raise reasonable doubt; the accused was convicted under s.41(1) RTA 1987 and sentenced accordingly.

  • 12 Aug 2024

    LAI KIM ON

    Citation
    MC-83-238-05/2023 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    MC-83-238-05/2023 (Mahkamah Majistret)

    Prosecution failed to prove beyond reasonable doubt that the accused drove dangerously because the investigation was incomplete, objective evidence (sketch, brake/drag marks, photographs, Puspakom damage) supported the accused's version, toxicology specimens were not tested leaving doubt about the deceased's impairment, and an intervening hospital infection meant causation of death was not firmly linked to the alleged dangerous driving; therefore no prima facie case and accused must be acquitted at the end of prosecution's case.