Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Reckless/negligent driving

Legal area

Court

23 Dec 2024

[Timbalan (TPR), Jabatan Peguam Negara] WAN KERANA BIN WAN SIMBOK

Citation

CB-82-5-12/2024 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

CB-82-5-12/2024 (Mahkamah Majistret)

Defendant convicted under s43(1) APJ; court weighed mitigation (guilty plea, employment, family responsibility) against aggravation (illegal U‑turn across double white lines causing sudden hazard and the death of a motorcyclist) and concluded public interest and deterrence required a substantial fine; refusal to give meaningful discount for guilty plea due to seriousness and fatal outcome; sentence imposed RM10,000 fine or 12 months imprisonment and endorsement on driving licence as mandated by statute.
13 Oct 2021

MUHAMAD FARIQ BIN AINE

Citation

JB-41H-29-12/2020 (Mahkamah Tinggi)
Court

High Court
Case number

JB-41H-29-12/2020 (Mahkamah Tinggi)

No sufficient basis existed to conclude the magistrate's sentence was manifestly inadequate or improperly reached. The magistrate lawfully considered statutory sentencing ranges, the guilty plea to the alternative charge, the social report, the respondent's youth and prospects, the adverse weather as causative factor and the public interest; balancing these factors the sentence of RM5,000 (5 months imprisonment in default) and endorsement on licence was appropriate and was therefore upheld.