Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Contributory fault
  • 28 Apr 2026

    SOH YING CHOON

    Citation
    CB-83-72-03/2024 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    CB-83-72-03/2024 (Mahkamah Majistret)

    Although the accused created a dangerous situation, the prosecution failed to prove beyond reasonable doubt that the accused was solely at fault for the fatal collision under s.41(1) APJ because there was credible evidence that the deceased's conduct (failure to turn despite signalling, apparent speed and lack of braking) significantly contributed to the collision; however the prosecution proved beyond reasonable doubt that the accused drove without due care and attention and therefore the accused is convicted under s.43(1) APJ pursuant to s.41(4) APJ.