Nissan Navara driver get 6 months' jail, original sentence replaced
The decision was made by Kuala Lumpur High Court judge K Muniandy after reviewing the sentence imposed by the magistrates' court on car accessories salesman K Darmaraju, 32.
However, Muniandy maintained the RM12,000 fine and five-year driving license suspension as previously decided.
On May 13, magistrate Khairunnisak Hassni imposed a 30-day prison sentence starting from the arrest date on May 11, as well as a RM12,000 fine or 12 months imprisonment if the fine was not paid, after the accused pleaded guilty to reckless driving on the North-South Highway heading toward the city center at around 2.30pm on May 10.
READ MORE: 4WD driver jailed, fined over hit and run near Duta Toll Plaza
Deputy public prosecutor Mohd Sabri Othman argued today that the previously imposed 30-day prison sentence and RM12,000 fine did not reflect the objectives of the law amendments and parliament's commitment to protecting the rights and safety of road users.
'The RM12,000 fine has already been paid by the accused. The 30-day prison sentence passes in the blink of an eye compared to the suffering of the victims who suffered permanent disabilities and now completely depend on their family and hospital treatment.'
'For the court's information, Suhailiza Shamsudin, 49 (the motorcycle passenger) is still being treated in the Intensive Care Unit (ICU) due to brain hemorrhage,' he said during the court proceedings, today.
He also informed that the magistrates' court's failure to consider public interest in sentencing had drawn criticism from the public, who demanded stricter action and heavier sentences be imposed on the Nissan Navara driver.
'The prosecution requests that a deterrent sentence be imposed not only as a lesson to the accused but also to society to not repeat such actions,' he was quoted as saying in the report.
Mohd Sabri further said the case should serve as a reminder to the public about the risks, effects, and consequences of reckless driving while emphasising that public interest should be prioritised in such cases.
He also asked the court to consider the actions of the accused who drove dangerously by speeding and overtaking the motorcycle from the right side, even though the motorcycle was moving straight in the leftmost lane.
'The accused also left the scene without stopping or providing any assistance after ramming into the motorcycle ridden by the victims.'
'As a result of the collision, motorcycle rider Faizal Mat, 53, suffered a broken collarbone and ankle injuries, while the passenger, Suhailiza, suffered head bleeding, a broken ankle, and fractured right ribs.'
'Both victims were rushed to Sungai Buloh Hospital for further treatment. This incident clearly shows the serious impact of the accused's fast and reckless driving,' he said.
He said a witness to the incident also confirmed the accused's behavior based on a one-minute dashboard camera recording showing the Nissan Navara vehicle speeding and hitting the right side of the motorcycle, causing Faizal to lose control while Suhailiza was thrown from the motorcycle.
The prosecutor informed that Darmaraju had disregarded the safety of other road users.
'The offense committed by the accused not only caused property damage but also involved two victims who were affected by the accused's reckless driving.'
'The commitment to maintaining road user safety can be seen through the lengthy prison sentence and high fine as provided under Section 42 of the Road Transport Act 1987.'
ALSO READ: Navara driver who hit couple on motorcycle not truck owner: police
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