Malaysia Case Law: Decisions & Judgments

Topic

Driving licence disqualification

Legal area

Court

26 May 2022

[ ] MD SAID BIN NORDIN

Citation

AP-83-3-01/2022 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

AP-83-3-01/2022 (Mahkamah Majistret)

Accused pleaded guilty; evidence (urine test positive for amphetamine/methamphetamine and post-mortem showing fatal injuries) proved offence under s44(1)(a). Court afforded mitigation credit for early plea and first offence but found offence grave due to death and drug influence; imposed statutory minimum custodial sentence of 10 years, fine RM50,000 (or 24 months imprisonment) and disqualification from holding/obtaining driving licence for 12 years, with licence endorsement.
15 Feb 2022

MUHAMMAD IZZAT BIN ABDUL HALIM

Citation

TF-83-31-03/2021 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

TF-83-31-03/2021 (Mahkamah Majistret)

Given the statutory framework of s.42(1) Road Transport Act 1987 and after weighing public interest and deterrence against mitigating factors (youth, first offender status, early guilty plea, family and employment consequences and absence of accident or property damage), the court imposed a custodial sentence of one day, a fine of RM8,000 (6 months default), five years disqualification and endorsement of conviction on the driving licence as a proportionate sentence.
30 Aug 2021

PENDAKWARAYA INSP. MUHAIMIN BIN ABDUL KADIR WONG YOK YUEN

Citation

AA-83-37-01/2021 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

AA-83-37-01/2021 (Mahkamah Majistret)

Section 45A as amended requires the court to impose the statutorily prescribed punishment including imprisonment where indicated by the wording 'shall on conviction be punished'; sentencing must balance mitigation against the overriding public interest and deterrence such that the imposed sentence of one month imprisonment, RM10,000 fine and two-year driving disqualification was appropriate and lawful.

Malaysia Case Law

[ ] MD SAID BIN NORDIN

MUHAMMAD IZZAT BIN ABDUL HALIM

PENDAKWARAYA INSP. MUHAIMIN BIN ABDUL KADIR WONG YOK YUEN