Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Driving without due care
  • 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.