Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Road transport act 1987 s41(1) and s43(1)
  • 27 Mar 2025

    MOHD ZAINI BIN ABU HASSAN

    Citation
    CB-83-265-08/2022 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    CB-83-265-08/2022 (Mahkamah Majistret)

    Prosecution failed to prove a prima facie case under s41(1) because an alternative, reasonable inference existed that the Proton Waja protruded onto the main carriageway (thus no established positive dangerous act by accused); however evidence showed accused failed to exercise due care and attention, establishing a prima facie case under s43(1), and the accused was called to defend on that charge.

    • Dangerous driving
    • Careless driving
    • Inference at close of prosecution
    • Prima facie
    • Road transport act 1987 s41(1) and s43(1)