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HIGH COURT SABAH & SARAWAK SIBU
YONG SIEW CHEN – Appellant
Versus
TANG KA LEONG & ANOR – Respondent
| Table of Content |
|---|
| 1. factual background of the case. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. court's observations on evidentiary failures. (Para 14 , 15 , 16 , 18 , 19 , 20 , 21) |
| 3. principles of law for criminal revision. (Para 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29) |
| 4. arguments regarding prosecution's conduct. (Para 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39) |
| 5. final order for retrial. (Para 123 , 124 , 125 , 126 , 127 , 128) |
Introduction
[1] The Applicant is the mother of the late Chipedo Lee Chi Zhen, the Deceased.
[2] The Deceased was killed in a fatal road accident on 16 May 2020 allegedly arising from a collision between the motorcycle ridden by the Deceased and motor car driven by the 1st Respondent/Accused.
[3] Following the road accident, the 1st Respondent/Accused was charged before the Magistrates' Court in Case No SBW-83-444/11-2020, for an offence for driving a vehicle while under influence of alcohol and which caused the death of the Deceased under s 44(1) of the Road Transport Act 1987 ( RTA ).
[4] On 26 November 2020, at the close of the prosecution's case. the Magistrates' Court decided to acquit and discharge the 1st Respondent/Accused of the charge
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