Malaysia Case Law: Decisions & Judgments

Topic

Endorsement on driving licence

Legal area

Court

23 Dec 2024

[Timbalan (TPR), Jabatan Peguam Negara] WAN KERANA BIN WAN SIMBOK

Citation

CB-82-5-12/2024 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

CB-82-5-12/2024 (Mahkamah Majistret)

Defendant convicted under s43(1) APJ; court weighed mitigation (guilty plea, employment, family responsibility) against aggravation (illegal U‑turn across double white lines causing sudden hazard and the death of a motorcyclist) and concluded public interest and deterrence required a substantial fine; refusal to give meaningful discount for guilty plea due to seriousness and fatal outcome; sentence imposed RM10,000 fine or 12 months imprisonment and endorsement on driving licence as mandated by statute.
17 Mar 2023

RAMU A/L KUTTY

Citation

BF-86-14-07/2022 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

BF-86-14-07/2022 (Mahkamah Majistret)

Considering the fatal consequences of the defendant's negligent driving, the early guilty plea and first offender status, and the need to protect public interest by deterrence, the magistrate found the sentence of a RM8,000 fine (or six months' imprisonment if unpaid) with endorsement on the driving licence to be proportionate, lawful and appropriate.
15 Feb 2022

MOHD ANUAR BIN ALOHA

Citation

TF-83-56-06/2021 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

TF-83-56-06/2021 (Mahkamah Majistret)

Given the offender's early guilty plea, first-offender status, remorse, lack of injury or property damage, family and employment responsibilities, and relevant precedent reducing custodial terms for traffic offences, the court imposed a minimal custodial sentence of one day plus RM8,000 fine (6 months default), five-year disqualification and endorsement under s.42, as a proportionate sentence balancing deterrence and rehabilitation.
15 Feb 2022

AZHARUDIN BIN ABDULLAH

Citation

TF-83-60-06/2021 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

TF-83-60-06/2021 (Mahkamah Majistret)

Having weighed mitigating factors (guilty plea, first offender status, remorse, family responsibilities, absence of accident or property damage, low speed and contextual facts) against public interest and statutory provisions, the court held that one day imprisonment and a RM8000 fine (with 6 months default), five-year driving disqualification and endorsement on licence were a proportionate and appropriate sentence for dangerous riding under s42(1) RTA 1987.
15 Feb 2022

CHE MUHAMMAD ZUHAIRI BIN CHE ZAWAWI

Citation

TF-83-30-03/2021 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

TF-83-30-03/2021 (Mahkamah Majistret)

Given the offender's age, first-offender status, early guilty plea, absence of accident or property damage, employment consequences and relevant authorities showing leniency for similar traffic offences, the court imposed a custodial term of one day and a fine of RM8,000 with statutory disqualification and endorsement as a sentence proportionate to the offence under s.42(1) RTA 1987.

Malaysia Case Law

[Timbalan (TPR), Jabatan Peguam Negara] WAN KERANA BIN WAN SIMBOK

RAMU A/L KUTTY

MOHD ANUAR BIN ALOHA

AZHARUDIN BIN ABDULLAH

CHE MUHAMMAD ZUHAIRI BIN CHE ZAWAWI