Reckless driving: High Court maintains two years' jail sentence on company director

Judge Datuk Ahmad Shahrir Mohd Salleh dismissed Yee Kin Sum's appeal to set aside his conviction and sentence by the Magistrate's Court on Sept 30, 2020.

In his judgment, Ahmad Shahrir said the court found that no error had been committed by magistrate M. Saravanan to convict the accused under Section 41 (1) of the Road Transport Act 1987.

"There was no reason to interfere with the findings. Therefore, the appeal against the conviction and sentence is dismissed and the decision of the Magistrate's Court upheld," he said.

Deputy public prosecutor Fatin Hanum Abdul Hadi appeared for the prosecution while counsel Zulkifli Awang represented Yee.

On July 29, this year, Yee appealed against his two years' jail sentence and a fine of RM7,000, or three months' jail in default imposed by the Magistrate's Court after finding the prosecution had succeeded in proving the case beyond reasonable doubt against the accused's defence.

The court also ordered that the accused's driving licence be suspended for three years and have the details of the offence endorsed on his licence. Yee paid the fine.

He was charged with driving recklessly and causing the death of Juhan Sabturani, 37, who was a passenger in another car, at 10.7KM of MEX, here, at 3.30 am on July 7, 2018.

The charge under Section 41 (1) of the Road Transport Act 1987, carries a jail term of up to 10 years and a fine not exceeding RM20,000, upon conviction.