17 Aug 2021
PENDAKWARAYA S.Abirami a/p Selvam
- Citation
- AB-41S-7-08/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- AB-41S-7-08/2020 (Mahkamah Tinggi)
Magistrate materially misdirected and failed to evaluate defence and probabilities; prosecution did not prove the essential element of dangerous driving under section 41(1) RTA beyond reasonable doubt; however evidence established driving without due care under section 43(1) RTA, therefore appellate court substituted conviction and imposed an appropriate sentence.