26 Jan 2022
YEE KAR HENG [ ]
- Citation
- AB-41S-5-03/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- AB-41S-5-03/2021 (Mahkamah Tinggi)
The trial magistrate erred by failing to evaluate the totality of the evidence and gave undue weight to prosecution witnesses without testing oral testimony against silent physical evidence and probabilities; prosecution failed to prove dangerous driving under s41(1) RTA beyond reasonable doubt, but the evidence established driving without due care and attention under s43(1) RTA; accordingly the s41(1) convictions were quashed and substituted with convictions under s43(1) RTA with amended sentence (fine RM8,000, default six months' imprisonment) and endorsement on driving licence.