Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Breathalyser evidence

  • 1 Oct 2024

    THANARAJAN A/L KARNA MURTHY

    Citation
    WA-83-4453-05/2022 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    WA-83-4453-05/2022 (Mahkamah Majistret)

    Prosecution failed to prove a prima facie case because material contradictions and gaps in prosecution witness evidence (notably absence of escort officer testimony and discrepancies in exhibits/serial numbers) caused a break in the chain of evidence; therefore it was unsafe to call the accused to enter his defence and the accused must be acquitted and discharged.

  • 4 Mar 2022

    KANNAN A/L LETCHUMANAN

    Citation
    AA-83-36-01/2021 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    AA-83-36-01/2021 (Mahkamah Majistret)

    The court held the breath test was lawfully administered under s45B by a police officer whose testimony was factual not expert opinion; the breath test record P4 met admissibility requirements under s45F and was properly explained in court; inconsistencies on arrest reasons were immaterial in light of consistent observations of abnormal demeanour and smell; the defence failed to raise a reasonable doubt and conviction under s45A(1) APJ was upheld; sentence of 14 days imprisonment, RM10,000 fine (default 6 months) and 2 years driving disqualification was imposed, with imprisonment suspended pe…