HIGH COURT MALAYA PERAK
KHOR BOON SIEW – Appellant
Versus
PP & ANOTHER CASE – Respondent
Based on the provided legal document, the key points are as follows:
Validity of the Charge: The court found that the charge under the Road Transport Act was not defective despite claims of ambiguity regarding whether it was for driving under the influence of alcohol or drugs. The specifics of the charge were supported by sufficient evidence, and the language used was consistent with statutory requirements (!) .
Reliability of Blood Sample Evidence: The court held that the blood sample evidence was unreliable due to procedural flaws, including improper handling, lack of preservatives, and issues with chain of custody. These flaws compromised the integrity of the evidence, leading to doubts about the accuracy of the reported alcohol level (!) (!) .
Impact of Evidence Flaws: Because the blood alcohol level could not be accurately determined, the court concluded that the evidence did not reliably establish the Appellant's intoxication at the time of the incident. This was a significant factor in the decision to allow the appeal and set aside the conviction (!) (!) .
Identification of the Driver: The court found that the evidence overwhelmingly established the Appellant as the driver involved in the accident. Multiple police reports and eyewitness testimonies consistently identified him as the driver, and the Appellant's own statements supported this conclusion (!) (!) .
Procedural Irregularities and Investigation Credibility: The Appellant raised concerns about procedural irregularities, such as delays in police reporting, the absence of remand, and inconsistencies in the investigation process. However, the court noted that these irregularities did not cause injustice to the Appellant and did not invalidate the proceedings (!) (!) (!) .
Appellant’s Defense and Evidence: The Appellant argued that his wife was the actual driver, supported by her admission. Nonetheless, the court found the evidence from police reports and eyewitness accounts more credible, establishing the Appellant as the driver involved in the accident (!) (!) .
Legal Principles on Evidence and Procedure: The court emphasized that irregularities in evidence collection or procedural errors do not necessarily vitiate proceedings unless they result in a failure of justice. The standard of proof for identifying the driver and establishing intoxication was met by the available evidence, except for the unreliable blood sample evidence (!) .
Outcome: The appeal by the Appellant was allowed due to the unreliability of the blood sample evidence, leading to the setting aside of the original conviction and the discharge and acquittal of the Appellant. Conversely, the prosecution’s appeal was dismissed as the evidence did not meet the necessary standards (!) .
These points collectively highlight that while the charge was properly formulated, the critical flaw in the blood sample evidence led to the Appellant’s acquittal. The court’s decision underscores the importance of procedural integrity and reliable evidence in criminal proceedings.
JUDGMENT
[1] This appeal called into question the defects in the charge, shortcomings in the police investigation and chemist analysis and whether this court can review and disturb the findings of the Learned Magistrate on appeal. The Appellant was convicted and sentenced under s 44(1)(b) of the Road Transport Act 1987 , he was sentenced to 48 months' imprisonment and fined RM8,000.00, in default of payment, an additional 12 months' imprisonment was imposed. The charge is read as follows:
"Bahawa kamu pada 25 Januari 2020 jam di antara 2100 hrs hingga 2130 hrs di KM3, Jalan Maharajalela di Daerah Hilir Perak telah memandu motorkar No VDD 2321 jenis Perodua Aruz di bawah pengaruh alkohol melebihi had yang ditetapkan iaitu sebanyak 151 miligram per 100 mililiter darah dan menyebabkan kecederaan kepada penunggang motosikal No AGM 8930 nama: Muhammad Mukhlis bin Mohamed Huzori. Oleh itu kamu telah melakukan kesalahan di bawah s 44(1)(b) Akta Pengangkutan Jalan 1987 (Akta 333) iaitu memandu semasa berada di bawah pengaruh minuman yang memabukkan atau dadah".
[2] After carefully considering the submissions presented by both the Appellant and the Respondent, the focus of t
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