12 May 2022
Aziz Satar Bin Mat Dali [ ]
- Citation
- AB-41S-8-08/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- AB-41S-8-08/2020 (Mahkamah Tinggi)
Prosecution failed to prove beyond reasonable doubt that appellant drove in a manner meeting the legal threshold for s.41(1) reckless or dangerous driving; the learned Magistrate misapplied the burden by not properly evaluating defence and drawing inferences favourable to accused; defence raised reasonable doubt and evidence supported conviction only for driving without due care under s.43(1), therefore conviction substituted to s.43(1) and appropriate sentence was a fine of RM10,000 (default 1 year imprisonment).