Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Section 57 apad 2010

  • 11 Dec 2025

    CK TIMBER TRANSPORT SDN BHD

    Citation
    NA-87-3538-09/2025 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    NA-87-3538-09/2025 (Mahkamah Majistret)

    The court found the operator committed a serious breach by carrying 61,900 kg excess (113,900 kg vs 52,000 kg allowed); public safety and deterrence require a sentence commensurate with the gravity of the offence; where the vehicle is the subject matter of an offence under the listed subsections, section 80(4) APAD 2010 mandates forfeiture. Accordingly the fine of RM25,000 and forfeiture to the Director General JPJ are lawful and appropriate despite the guilty plea and mitigation.

  • 11 Jun 2024

    YBJ TRANSPORT & TRADING SDN. BHD.

    Citation
    CD-87-9-01/2024 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    CD-87-9-01/2024 (Mahkamah Majistret)

    The court found the elements for the offence under section 57(1)(b)(vi) APAD 2010 proved (significant overloading) but exercised its statutory discretion under section 80(3)-(4) to release the vehicle rather than order forfeiture, imposing a fine of RM12,000 (12 months imprisonment if unpaid). The sentence and release were held to be within law, proportionate given the guilty plea, first offence, absence of accident or injury, and the need to balance public interest and mitigation.