Malaysia Case Law: Decisions & Judgments

Topic

Section 43(1) road transport act 1987

Legal area

Court

17 Oct 2025

MUHAMMAD SYAIFULLAH BIN ZAKARIA

Citation

JI-86POL-4413-10/2023 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

JI-86POL-4413-10/2023 (Mahkamah Majistret)

Prosecution failed to prove the essential element of driving without due care and attention under s43(1) because material gaps and inconsistencies (centre‑line scratch marks on both directions, bone fragments on accused's lane, credible evidence of high speed by motorcycle and Alza following motorlori) left reasonable doubt; accordingly no prima facie case was established and accused was discharged and acquitted without being called to enter his defence.
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.
23 Nov 2022

Razali Shafei Bin Mat (0122313658) G. ALEXANDAR [Timbalan (TPR), Jabatan Peguam Negara]

Citation

CB-41S-1-02/2022 (Mahkamah Tinggi)
Court

High Court
Case number

CB-41S-1-02/2022 (Mahkamah Tinggi)

The High Court held the magistrate's finding of dangerous driving under s41(1) RTA 1987 was unsafe because the prosecution evidence (eyewitness accounts, investigator's opinion, photographs and post mortem) did not sufficiently and reliably prove the statutory element that the appellant drove in a manner dangerous to the public; the conviction under s41(1) was therefore quashed and substituted with a conviction under s43(1) RTA 1987, with sentence of a fine RM5,000 (six months imprisonment if unpaid) and endorsement of the appellant's licence under s43(2).

Malaysia Case Law

MUHAMMAD SYAIFULLAH BIN ZAKARIA

TIRUSUNDARY A/P RAJAH

Razali Shafei Bin Mat (0122313658) G. ALEXANDAR [Timbalan (TPR), Jabatan Peguam Negara]