Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Causing death by driving

Legal area

Court

5 Apr 2024

CHENG YAO NAN

Citation

WA-83-8566-12/2020 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

WA-83-8566-12/2020 (Mahkamah Majistret)

Court found prosecution proved every element of Section 44(1)(b) Road Transport Act 1987: accused was driver, blood alcohol 92 mg/100ml exceeded legal limit, and driving caused fatal injuries to the passenger. The chemical report (Ekshibit P12) together with consistent witness testimony sufficed despite absence of physical specimen in court. Defence failed to raise reasonable doubt and its alternative account was an afterthought; therefore accused convicted and sentenced accordingly.
23 Feb 2023

THARMABALAN A/L RAMASAMY

Citation

WA-83-6827-09/2020 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

WA-83-6827-09/2020 (Mahkamah Majistret)

Court held prosecution proved a prima facie case and, on full consideration of prosecution and defence evidence, found accused's explanations to be unreliable; toxicology, scene evidence and post-mortem established that accused drove under influence, lost control and caused the victim's death; defence failed to raise reasonable doubt — accused convicted under s.44(1)(a) Road Transport Act 1987 and sentenced.