20 Aug 2021
[ ] Paramasivam A/l Ravintharan
- Citation
- AB-45B-1-05/2018 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- AB-45B-1-05/2018 (Mahkamah Tinggi)
The prosecution failed to prove beyond reasonable doubt that the accused intentionally inflicted injuries amounting to murder; independent eyewitness DW2 and the totality of evidence (damage to electric post, Puspakom report, braking/steering defects, investigative gaps, accused's immediate conduct and police report) raised reasonable doubt as to mens rea. Under section 167 CPC the court substituted conviction to dangerous driving causing death under section 41(1) Road Transport Act 1987 and imposed sentence accordingly.