Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Culpable driving causing death

  • 16 Oct 2025

    MOHD SHAMIM BIN HASHIM

    Citation
    KE-82-1-02/2024 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    KE-82-1-02/2024 (Mahkamah Majistret)

    The prosecution failed to prove element three (driving without due care/entering opposite lane) on a prima facie standard because the case depended on circumstantial evidence that did not exclude reasonable alternative explanations (deceased impairment, lack of eyewitness/CCTV, absence of forensic reconstruction and braking evidence); therefore no prima facie case existed and the accused was discharged under section 180(3) Criminal Procedure Code.

  • 5 Mar 2025

    [ ] MUHAMMAD HAIQAL BIN MOHD SANUDIN

    Citation
    DG-83-10-01/2023 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    DG-83-10-01/2023 (Mahkamah Majistret)

    Prosecution failed to prove beyond reasonable doubt that the accused's driving constituted dangerous driving under Section 41(1) APJ and was the proximate cause of death because available evidence indicated a subsequent collision by a third vehicle likely caused the fatal injuries; however prosecution proved driving without due care and attention under Section 43(1) APJ. Accordingly accused is convicted under Section 43(1) APJ and sentenced to a fine and ordered to pay compensation under Section 426 CPC.