Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Conviction substitution

Legal area

Court

7 Jan 2026

HOW PEI LIN

Citation

JB-41S-2-01/2025 (Mahkamah Tinggi)
Court

High Court
Case number

JB-41S-2-01/2025 (Mahkamah Tinggi)

The prosecution failed to prove dangerous driving under s41(1) beyond reasonable doubt given absence of eyewitnesses, narrow road and evidentiary shortcomings; appellate court substituted conviction to s43(1) (driving without due care and attention) and imposed a fine of RM10,000 in default one year imprisonment.
17 Aug 2021

PENDAKWARAYA S.Abirami a/p Selvam

Citation

AB-41S-7-08/2020 (Mahkamah Tinggi)
Court

High Court
Case number

AB-41S-7-08/2020 (Mahkamah Tinggi)

Magistrate materially misdirected and failed to evaluate defence and probabilities; prosecution did not prove the essential element of dangerous driving under section 41(1) RTA beyond reasonable doubt; however evidence established driving without due care under section 43(1) RTA, therefore appellate court substituted conviction and imposed an appropriate sentence.