Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Disqualification of licence

Legal area

Court

15 Feb 2022

CHE MUHAMMAD ZUHAIRI BIN CHE ZAWAWI

Citation

TF-83-30-03/2021 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

TF-83-30-03/2021 (Mahkamah Majistret)

Given the offender's age, first-offender status, early guilty plea, absence of accident or property damage, employment consequences and relevant authorities showing leniency for similar traffic offences, the court imposed a custodial term of one day and a fine of RM8,000 with statutory disqualification and endorsement as a sentence proportionate to the offence under s.42(1) RTA 1987.
18 Nov 2019

PENDAKWARAYA PUBLIC PROSECUTOR CHEW JING ZHONG

Citation

WA-83-2777-04/2018 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

WA-83-2777-04/2018 (Mahkamah Majistret)

The prosecution proved all statutory elements of s44(1) RTA: chemist reports showed alcohol and drugs exceeding prescribed limits, forensic and photographic/vehicle evidence established the collision and causation of death, and the accused's factual defences were discredited by contradictions and failure to keep a safe distance; accordingly the accused was convicted and sentenced; the stay application lacked special circumstances and was dismissed.