Malaysia Case Law: Decisions & Judgments

Topic

Public safety

Legal area

Court

15 Jul 2025

PCHH CONSTRUCTION

Citation

WA-87-2224-05/2025 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

WA-87-2224-05/2025 (Mahkamah Majistret)

Court accepted the unqualified guilty plea, gave mitigation credit for early plea but placed greater weight on public interest and deterrence given the 85% overload and safety risk; imposed RM6,000 fine or 6 months imprisonment and ordered forfeiture of vehicle VHR 1403 (T/A 9743) to Ketua Pengarah JPJ under s.80(4) APAD 2010 because statutory conditions for forfeiture were satisfied.
2 Jul 2025

SRI THEVEN TRAVEL & TOURS SDN BHD

Citation

WA-87-455-02/2025 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

WA-87-455-02/2025 (Mahkamah Majistret)

Accused was properly convicted under s22(1)(b)(i) read with s22(3) based on the admitted facts; early plea justified some mitigation of fine, but public safety and deterrence required a substantive penalty; statutory conditions for forfeiture under s80(4) were met, making forfeiture mandatory, therefore the sentence of RM5000 (or 5 months default) and forfeiture of vehicle BKP 7776 to Ketua Pengarah JPJ was upheld.
12 Mar 2025

PERAK -HANJOONG SIMEN SDN BHD

Citation

AG-87-212-11/2024 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

AG-87-212-11/2024 (Mahkamah Majistret)

Given the substantial excess load (66,860 kg v. permitted 48,000 kg = 18,860 kg or 39.29%), the repeated prior convictions (judicially noticed and admitted), the high public safety risk and need for deterrence, and after weighing mitigation (early guilty plea, cooperation, financial impact), the appropriate sentence is a fine of RM250,000 within the statutory limit under Section 57(3) of the Act.
22 Jan 2025

PSS ENTERPRISE

Citation

AG-87-179-10/2024 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

AG-87-179-10/2024 (Mahkamah Majistret)

Given the undisputed weighbridge evidence establishing a 50.4% overload, the defendant's early guilty plea and cooperation were mitigatory but outweighed by public interest and need for deterrence due to risk to road users and local rampancy; within statutory limits the court imposed a proportionate fine of RM50,000 under s57(3) Akta Pengangkutan Awam Darat 2010.
6 Mar 2023

1. ) Melima Assets Sdn Bhd 2. ) GLOBAL SEASONS CONSTRUCTION SDN BHD 3. ) COSTA OREINTAL BUILDERS SDN BHD 1. ) JALUR CAHAYA SDN BHD 2. ) CWM GROUP SDN BHD

Citation

CA-23NCvC-8-10/2022 (Mahkamah Tinggi)
Court

High Court
Case number

CA-23NCvC-8-10/2022 (Mahkamah Tinggi)

Court found plaintiffs had established bona fide serious issues to be tried supported by geotechnical and water level evidence linking defendant’s dewatering works to damage and loss of support to adjacent units, there was a real and imminent danger to occupants (heightened by seasonal rain), damages were not an adequate remedy and the balance of convenience favoured granting an interlocutory injunction; accordingly the plaintiffs’ application was allowed with costs.

Malaysia Case Law

PCHH CONSTRUCTION

SRI THEVEN TRAVEL & TOURS SDN BHD

PERAK -HANJOONG SIMEN SDN BHD

PSS ENTERPRISE

1. ) Melima Assets Sdn Bhd 2. ) GLOBAL SEASONS CONSTRUCTION SDN BHD 3. ) COSTA OREINTAL BUILDERS SDN BHD 1. ) JALUR CAHAYA SDN BHD 2. ) CWM GROUP SDN BHD