Malaysia Case Law: Decisions & Judgments

Topic

Disqualification of driving licence

Legal area

Court

24 Jan 2024

CHAN WAI YON

Citation

WA-83-10062-11/2023 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

WA-83-10062-11/2023 (Mahkamah Majistret)

Court accepted guilty plea and mitigation but, weighing public interest and deterrence, imposed the statutory range sentence at its minimum: fine RM10,000 (default 5 months imprisonment if unpaid), immediate custodial period of 1 day, and disqualification from holding or obtaining driving licence for 2 years; execution of custodial sentence suspended pending appeal only.
20 May 2022

KARUNAMOORTHY A/L KANAPATHY

Citation

BC-83-239-03/2022 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

BC-83-239-03/2022 (Mahkamah Majistret)

The magistrate accepted the guilty plea, found the statutory sentencing range under s45A(1) permitted the imposed penalties and held public interest and legislative intent of the amended s45A outweighed mitigation; therefore a fine of RM10,000 (default 4 months), 5 days imprisonment and 2-year driving disqualification were appropriate and within jurisdiction, and a good behaviour bond was refused.
15 Feb 2022

MOHD ANUAR BIN ALOHA

Citation

TF-83-56-06/2021 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

TF-83-56-06/2021 (Mahkamah Majistret)

Given the offender's early guilty plea, first-offender status, remorse, lack of injury or property damage, family and employment responsibilities, and relevant precedent reducing custodial terms for traffic offences, the court imposed a minimal custodial sentence of one day plus RM8,000 fine (6 months default), five-year disqualification and endorsement under s.42, as a proportionate sentence balancing deterrence and rehabilitation.

Malaysia Case Law

CHAN WAI YON

KARUNAMOORTHY A/L KANAPATHY

MOHD ANUAR BIN ALOHA