Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Negligent driving

Legal area

Court

10 Oct 2025

NORDIN BIN ABDUL AZIZ

Citation

AJ-86POL-643-02/2024 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

AJ-86POL-643-02/2024 (Mahkamah Majistret)

Applying the mandatory maximum evaluation at the close of the prosecution case the court found the primary witness (SP1) not credible, prosecution failed to prove the essential element that the accused was careless in controlling the motorcycle, and therefore no prima facie case was established; accused must be acquitted and discharged.
2 Dec 2022

TIRUSUNDARY A/P RAJAH

Citation

MA-83-966-08/2021 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

MA-83-966-08/2021 (Mahkamah Majistret)

Court found accused objectively created a dangerous situation (element (a)) but element (b) (fault) was not wholly established because evidence showed a real possibility the deceased was speeding and other contributing factors existed; accordingly the charge under Section 41(1) was not maintained but a prima facie case under Section 43(1) was proved, leading to conviction under Section 43(1) and imposition of the fine and ancillary orders.