30 Jun 2021
TAN SAY CHEONG
- Citation
- CB-41H-38-10/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- CB-41H-38-10/2020 (Mahkamah Tinggi)
The High Court held that the Magistrate did not err: the charge under s.41(1) was not inherently duplicitous when read in the Malay statutory text, but the prosecution evidence (witness testimony and CCTV) did not establish a prima facie case for s.41(1); the Magistrate properly amended and proceeded under s.43(1), and the conviction and sentence under s.43(1) were upheld.
- Section 41(1) akta pengangkutan jalan 1987 (dangerous/reckless driving)
- Section 43(1) akta pengangkutan jalan 1987 (careless driving)
- Duplicity of charge
- Prima facie standard
- Judicial appreciation of evidence
- Sentence (fine and endorsement)