1 Mar 2024
KHAIRIL AZHAR BIN AHMAD
- Citation
- PA-83-1047-08/2020 (Mahkamah Majistret)
- Court
- Magistrates' Court
- Case number
- PA-83-1047-08/2020 (Mahkamah Majistret)
The charge contained a curable typographical error but was otherwise fatally duplicitous by alleging both reckless driving and driving under the influence in one count; crucial elements of s.44(1)(a) were not proven because prosecution failed to call the forensic scientist to prove presence of drugs and failed to prove loss of control was caused by drugs; consequently no prima facie case was established and the accused was acquitted and discharged.