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2024 MarsdenLR 3010
MAGISTRATE COURT SELAMA
PP – Appellant
Versus
ROFIZLAN YUNUS – Respondent
[Criminal Case No: AP-82-3-12/2022]
The court determined that the prosecution failed to prove reckless driving under s 41(1) of the RTA 1987, leading to a conviction for driving without due care under s 43(1).
Headnote:(A) Road Transport Act 1987 - Sections 41(1) and 43(1) - Reckless driving causing death - Accused found guilty of driving without due care and attention after evidence failed to establish reckless driving - Court evaluated evidence and determined that the prosecution did not meet the burden of proof for recklessness - Conviction under s 43(1) upheld. (Paras 4, 36, 50)
(B) Legal Principles - Recklessness requires both objective and subjective assessments; mere speeding is insufficient to prove recklessness; the prosecution must show a selfish disregard for safety. (Paras 30, 34)
Facts of the case:
The accused was charged with reckless driving under s 41(1) of the RTA 1987 for causing the death of a cyclist, but was ultimately convicted under s 43(1) for driving without due care after the court found insufficient evidence for recklessness. (Paras 1, 4)
Findings of Court:
The court found that the evidence suggested a lack of due care rather than reckless disregard for safety, leading to a conviction under s 43(1) of the RTA 1987. (Paras 36, 50)
Issues: Whether the accused drove recklessly under s 41(1) or without due care under s 43(1) of the RTA 1987. (Paras 36, 50)
Ratio Decidendi: The court ruled that the prosecution failed to prove the mens rea for recklessness, and the evidence indicated a failure to exercise due care, justifying the conviction under s 43(1). (Paras 36, 50)
Result: Conviction under s 43(1) of the RTA 1987 affirmed with a fine of RM10,000.00 or one year imprisonment. (Paras 56, 61)
JUDGMENT
(Full Trial)
Introduction
[1] This case pertains to an accident. The accused, Rofizlan bin Yunus, who works as an officer at the Selama District Council, was charged under s 41(1) of the Road Transport Act 1987 (" RTA 1987") in this court. He is accused of driving his Ford Ranger 4-wheel drive, registered number plate ALR 5789 ("the accused's car"), recklessly on a road, which caused the death of a cyclist, Norhayati binti Mohamed Yusof ("the deceased").
[2] At the end of the prosecution's case, this court decided that the prosecution had adduced credible evidence to prove each element of the offence under s 41(1) of the RTA 1987. This court then found that the prosecution had established a prima facie case against the accused under the amended charge (P13).
[3] The accused was then called to enter his defence, where he gave sworn evidence from the witness stand. No other witnesses were called by the defence besides the accused himself. The defence then closed its case.
[4] At the end of the defence case, and after evaluating all the evidence, this court found that it was not safe to convict the accused under s 41(1) of the RTA 1987 for reckless driving. However, the court found that the evidence was sufficient to convict the accused under s 43(1) of the 1987 for driving the car on a road without due care and attention.
[5] Accordingly, the court found the accused guilty of an offence under s 43(1) of the RTA 1987 and convicted him. Having heard the parties on the aggravating factors and mitigation, the accused was sentenced to a maximum fine of RM10,000.00, failing which he would be imprisoned for a period of one year. The court also ordered that the particulars of the offence and conviction are to be recorded into the accused's driving licence by the Road Transport Department.
[6] Aggrieved by the decision, both parties have filed notices of appeal to the High court of Taiping in respect of the conviction and the sentences. This judgment contains the full reasons for the decision of this court.
The Amended Charge
[7] The amended charge (P13), written in Bahasa Melayu, reads as follows:
"Pertuduhan Pindaan
Bahawa kamu pada 30 September 2020 jam lebih kurang 0900 hrs di Jalan Lampin Simpang 3 bersebelahan dengan Stesen Bas Selama Perak, di dalam Daerah Selama, di dalam Negeri Perak, sebagai pemandu kereta Motor Pick-up (No Pendaftaran ALR 5789) jenis 4 Wheel Drive Ford Ranger berwarna biru telah didapati memandu kenderaan tersebut di atas jalan raya dengan cara melulu sehingga menyebabkan kemalangan jalan raya dan kematian kepada penunggang basikal iaitu Norhayati Binti Mohamed Yusof (No K/P: 620411-08-6214). Oleh yang demikian, kamu telah melakukan satu kesalahan dibawah s 41(1) Akta Pengangkutan Jalan 1987 dan boleh dihukum dibawah peruntukan yang sama."
[8] The accused pleaded not guilty and claimed trial.
Background Of The Case
[9] Firstly, it is important to note that this case was originally registered under the case number AP-82-1-04/2021 and heard by the previous magistrate. SP1 to SP6 gave their testimonies under this case number. However, the initial case was ordered a discharge not amounting to an acquittal (DNAA) by the previous magistrate. Later, the case was registered again under the current case number. The prosecution then requested that the earlier evidence from the case AP-82-1-04/2021 be reinstated and continued in the new case number, AP-82-3-12/2022, in accordance with s 254A of the Criminal Procedure Code (" CPC "). The defence did not object to this request.
[10] I granted the prosecution's request. Subsequently, I resumed and continued hearing the case using the notes of evidence from the previous magistrate and the court recording system. I have reviewed the recorded evidence of all previous witnesses, which has allowed me to assess their demeanours and the atmosphere during the trial. Therefore, I am well-acquainted with this case and have resumed the trial as if I had heard
