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1972 MarsdenLR 117

HIGH COURT MALAYA KUALA LUMPUR
RAMIAH – Appellant
Versus
PP – Respondent


Petitioner Advocates:Dominic Puthucheary ,Respondent Advocate: Tengku Suleiman ibni Sultan Ismail Nasiruddin Shah

JUDGMENT

Raja Azlan Shah J (delivering oral judgment):

[1] The appellant was driving a Sri Jaya bus on the main Kuala Lumpur/Ipoh Road. He intended to turn right into Jalan Perhentian. But he did not stop at the junction. The said bus collided into a scooter coming from the opposite direction. The pillion rider died as a result of the collision. On those simple facts the learned President found the appellant guilty under s 34A(1) of the Road Traffic Ordinance 1958 and sentenced him to one day's imprisonment and fined him $2,000 in default six months' imprisonment. He was further disqualified from driving all classes of vehicles for a period of five years. He appealed against conviction and sentence.

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[2] It is not the law under s 34A of the Road Traffic Ordinance that merely because an accident had happened and a person had been killed, danger had in that sense arisen and therefore it must follow, as the night, the day, that the appellant was driving in a manner dangerous to the public. In a case under s 34A, two things must be established. First, there must be a situation created by the accused which, viewed objectively, is dangerous. Dangerous driving is not defined in the Road Tra

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