Malaysia Case Law: Decisions & Judgments

Topic

Section 42(1) road transport act 1987

Legal area

Court

28 Aug 2025

ONG CHIN LEE

Citation

AJ-83-271-11/2024 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

AJ-83-271-11/2024 (Mahkamah Majistret)

Accused accepted guilty plea and, balancing mitigation (first offender status, guilty plea, personal and financial circumstances) against public interest and seriousness of dangerous driving, the Magistrate properly exercised sentencing discretion to impose a fine of RM5,000 with alternative imprisonment of 10 months; the court considered and accounted for six days of remand under s.282(d) CPC when assessing proportionality of sentence.
18 Jan 2023

Muhammad Nizar Nufail Bin Abd Aziz [ ]

Citation

AA-41S-11-11/2021 (Mahkamah Tinggi)
Court

High Court
Case number

AA-41S-11-11/2021 (Mahkamah Tinggi)

Court affirmed the conviction; it accepted that imprisonment under s.42(1) Road Transport Act 1987 is mandatory in form but found the custodial sentence of six months to be inappropriate for a young first‑time offender; balancing public interest and mitigation and having regard to three days' remand, the court allowed the appeal against the incarceration element, substituted an increased fine of RM8,000 (in default six months imprisonment), and observed that remand must be credited and that a nominal custodial term (one day) would meet the statutory mandate though final handling of that issue…
30 Mar 2022

MUHAMMAD ALIF NAJMI BIN SHARIFF

Citation

BB-83-3924-12/2021 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

BB-83-3924-12/2021 (Mahkamah Majistret)

Given the accused was a youthful first offender with mitigating social circumstances and a welfare report recommending non-custodial measures, the magistrate properly exercised discretion under s.293(1)(b) CPC to impose a one-year bond of good behaviour with RM1000 surety; the sentence was not manifestly inadequate when balanced with public interest and sentencing principles.
15 Feb 2022

CHE MUHAMMAD ZUHAIRI BIN CHE ZAWAWI

Citation

TF-83-30-03/2021 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

TF-83-30-03/2021 (Mahkamah Majistret)

Given the offender's age, first-offender status, early guilty plea, absence of accident or property damage, employment consequences and relevant authorities showing leniency for similar traffic offences, the court imposed a custodial term of one day and a fine of RM8,000 with statutory disqualification and endorsement as a sentence proportionate to the offence under s.42(1) RTA 1987.
15 Feb 2022

MUHAMMAD IZZAT BIN ABDUL HALIM

Citation

TF-83-31-03/2021 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

TF-83-31-03/2021 (Mahkamah Majistret)

Given the statutory framework of s.42(1) Road Transport Act 1987 and after weighing public interest and deterrence against mitigating factors (youth, first offender status, early guilty plea, family and employment consequences and absence of accident or property damage), the court imposed a custodial sentence of one day, a fine of RM8,000 (6 months default), five years disqualification and endorsement of conviction on the driving licence as a proportionate sentence.
19 Jan 2022

PARAMASWARAN A/L APPATHURAI

Citation

BA-41H-2-01/2021 (Mahkamah Tinggi)
Court

High Court
Case number

BA-41H-2-01/2021 (Mahkamah Tinggi)

The High Court dismissed the prosecution's appeal and refused to disturb the magistrate's sentence because the magistrate had properly considered relevant factors and exercised discretion lawfully; given the respondent's youth, first offence, early plea, remorse, family sureties and pandemic considerations the good conduct bond and driving disqualification were a proper, non-manifestly excessive sentence under s.42(1) Road Transport Act 1987.

Malaysia Case Law

ONG CHIN LEE

Muhammad Nizar Nufail Bin Abd Aziz [ ]

MUHAMMAD ALIF NAJMI BIN SHARIFF

CHE MUHAMMAD ZUHAIRI BIN CHE ZAWAWI

MUHAMMAD IZZAT BIN ABDUL HALIM

PARAMASWARAN A/L APPATHURAI