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Court to study causes leading to fatal crash PDF Print E-mail
Friday, 03 February 2012 10:53am
©The New Straits Times (Used by permission)
by V. ANBALAGAN

Reckless, dangerous and negligent driving cannot be equated with a running down case, says judge
 
THE Court of Appeal will deliberate under what circumstances fatal accidents are caused because of reckless, dangerous and negligent driving.

A three-member bench of the Court of Appeal, led by Datuk Sulaiman Daud, yesterday allowed a leave to appeal application by contractor Tan Soon Hwa, who was involved in an accident in which another motorist, Sokhdeb Singh, was killed.

The accident occurred at Jalan Bangi Lama in Bangi on Jan 18, 2002.

Sulaiman said the charge for reckless, dangerous and negligent driving could not be equated with a running down case in a civil suit. As such, circumstances leading to such an accident needed to be ventilated.

A magistrate sentenced Tan to four years' jail after he was found guilty of reckless, dangerous and negligent driving.

The jail term was reduced to two years by the High Court.   Tan then filed a leave application to appeal to the Court of Appeal.

His lawyer, Gobind Singh Deo, yesterday submitted that a magistrate must make an express finding as to the circumstances resulting in such accidents.

"Because, it is those circumstances that will determine whether one was driving dangerously, recklessly or negligently."

He added that  dangerous and reckless driving could be classified as criminal acts, but drivers were only liable under civil law for being negligent.

Those convicted under Section 41 (1) of Road Transport Act 1987 can be jailed up to five years or fined up to RM20,000, or both.

The court could also bar the convicted person from driving, but  for a maximum 12 months.
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