13 Jun 2024
ROFIZLAN BIN YUNUS
- Citation
- AP-82-3-12/2022 (Mahkamah Majistret)
- Court
- Magistrates' Court
- Case number
- AP-82-3-12/2022 (Mahkamah Majistret)
The prosecution failed to prove the subjective element of recklessness under s41(1) beyond reasonable doubt given evidence that the accused stopped before turning, possible visibility/intervening factors, and contributory factors from the deceased's bicycle; however the accused did not exercise due care and attention (failure to signal and turn while a cyclist was on his left) and therefore is properly convicted under s43(1) RTA 1987; procedural typographical errors did not render the trial unlawful.