Raja Azlan Shah J:

(delivering oral judgment): 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.

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 Traf