27 May 2024
MOHD AZHAR BIN SAMSURI [Timbalan (TPR), Jabatan Peguam Negara]
- Citation
- CB-41S-9-08/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- CB-41S-9-08/2022 (Mahkamah Tinggi)
The magistrate's conviction under s41(1) Road Transport Act 1987 was unsafe because the magistrate failed to analyze key contextual factors (speed, traffic conditions, manner of the U-turn and the appellant's limited ability to testify) and did not properly evaluate the defence evidence; however the available evidence supported a lesser offence under s43(1), so the appeal is allowed to set aside the s41(1) conviction and substitute conviction under s43(1).