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2017 MarsdenLR 2976

COURT OF APPEAL PUTRAJAYA
NG BENG KOK – Appellant
Versus
PP – Respondent


Table of Content
1. driving constituting danger assessed based on circumstances. (Para 37 , 38)
"In order to justify a conviction there must be, not only a situation which, viewed objectively, was dangerous, but there must also have been some fault on the part of the driver, causing that situation. 'Fault' certainly does not necessarily involve deliberate misconduct or recklessness or intention to drive in a manner inconsistent with proper standards of driving. Nor does fault necessarily involve moral blame. Thus there is fault if an inexperienced or a naturally poor driver, while straining every nerve to do the right thing, falls below the standard of a competent and careful driver.

Fault involves a failure, a falling below the care or skill of a competent experienced driver, in relation to the manner of the driving and to the relevant circumstances of the case. A fault in that sense, even though it be slight, even though it be a momentary lapse, even though normally no danger would have arisen from it, is sufficient. The fault need not be the sole cause of the dangerous driving. It is enough if it is, looked at sensibly, a cause. Such a fault will often be sufficiently proved as an

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