21 Jul 2022
MOHAMAD FAIZ BIN MOKHTAR
- Citation
- TA-83-178-06/2020 (Mahkamah Majistret)
- Court
- Magistrates' Court
- Case number
- TA-83-178-06/2020 (Mahkamah Majistret)
Prosecution failed to prove identity of the deceased conclusively and therefore did not establish a prima facie case under s41(1) APJ 1987; absent that essential element the charge for dangerous driving causing death could not be sustained. However, the evidence admitted showed careless/negligent driving amounting to an offence under s43(1) APJ 1987; the court amended the charge, the accused pleaded guilty to s43(1) and was sentenced accordingly.