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COURT OF APPEAL PUTRAJAYA
PP – Appellant
Versus
KANNAN LETCHUMANAN – Respondent
| Table of Content |
|---|
| 1. acquittal based on improper procedures of specimen requests (Para 1 , 2 , 3 , 4) |
| 2. interpretation of mandatory provisions for specimen collection (Para 5 , 6) |
| 3. principles of statutory interpretation guided by legislative intent (Para 7 , 8 , 9) |
| 4. application of literal rule in statutory interpretation (Para 10 , 11 , 12 , 19) |
| 5. processes and authority relating to breath tests and specimen requests (Para 24 , 25 , 34) |
| 6. restoration of conviction and sentencing discretion based on offence context (Para 71 , 72 , 73 , 74) |
A. This Appeal
[1] The respondent was acquitted, and discharged of all charges against him, by the Ipoh High Court on 15 May 2024, from a conviction by the Ipoh Magistrates' Special Traffic Court on one charge under s 45A(1) of the Road Transport Act 1987 (" RTA ") for driving a motor vehicle with alcohol above the prescribed limit.
[2] The learned High Court Judge's acquittal of the respondent was premised on his interpretation that the breath test under s 45B(1) RTA is "an initial breath test", which if positive, makes it mandatory for the investigating officer to request the accused to provide two specimens of his breath
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