7 Aug 2020
PENDAKWARAYA PENDAKWARAYA KONG CHIA WEE ( 810611115013 )
- Citation
- CA-86-1-01/2019 (Mahkamah Majistret)
- Court
- Magistrates' Court
- Case number
- CA-86-1-01/2019 (Mahkamah Majistret)
Magistrate found prosecution established a prima facie case under s.41(1) but, on full assessment, defence raised a reasonable doubt as to whether the accused's conduct alone caused the death; mute evidence and sketch indicated impact occurred in accused's lane and an intervening cause (sudden appearance of a dog and contribution by the other driver's conduct) existed. Therefore the elements for s.41(1) were not proved beyond reasonable doubt but the prosecution proved careless driving under s.43(1); conviction substituted to s.43(1) and fine RM6,000 imposed, default 4 months imprisonment, an…