17 Jun 2025
KANNAN A/L LETCHUMANAN
- Citation
- A-09-133-05/2024 (Mahkamah Rayuan)
- Court
- Court of Appeal
- Case number
- A-09-133-05/2024 (Mahkamah Rayuan)
The Court held that sections 44 to 45G RTA are plain and unambiguous: a breath test under section 45B(1) is not statutorily labelled an 'initial' test that automatically triggers mandatory further testing under section 45C(1); section 45C is subject to its own conditions and the BBU Test Rules (including Rule 4) apply to section 45C tests only. The High Court erred in reading words into the statute and rules; accordingly the High Court's acquittal was set aside and the Magistrate's conviction restored, with sentencing varied by the Court of Appeal.