Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Causing death

  • 16 Jan 2025

    SYED SANIM BIN SYED MOHAMED

    Citation
    JD-83-333-09/2021 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    JD-83-333-09/2021 (Mahkamah Majistret)

    On maximum evaluation the prosecution failed to prove the critical element of driving 'in a manner dangerous to the public' under s.41(1) APJ 1987 and mens rea to create an obvious and serious risk was not established; eyewitnesses placed the victim riding in the middle lane (contributory risk) and the precise cause of the MPV entering that lane was not determinable (overtaking claim not proved). Presence of methadone supported inference of possible drowsiness but did not prove reckless/dangerous driving beyond prima facie. Therefore it was unsafe to call the accused to answer s.41(1); howeve…

  • 27 Aug 2024

    MUHAMAD FAIZAL BIN NOR AZIMAT

    Citation
    RA-83-851-12/2023 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    RA-83-851-12/2023 (Mahkamah Majistret)

    Court accepted the defendant's unconditional guilty plea and evidential exhibits; weighed mitigation (guilty plea, remorse, first offender, remand time credit, family dependents, low income) against aggravation (death of pedestrian, driving under influence of methamphetamine, public interest and need for deterrence) and concluded a custodial sentence of 10 years from date of conviction with a fine RM50,000 (default 14 months) and cancellation of driving licence was appropriate and proportionate.