PUTRAJAYA: A former student today began his mandatory two-year jail term for causing the death of another young motorcyclist due to dangerous and reckless driving four years ago.
This came after a three-member Court of Appeal bench dismissed Muhammad Mustaqim Khairudin’s application for leave to appeal the case.
Bench chairman Suraya Othman said the application was disallowed as Mustaqim did not raise questions of law but only the facts of the case.
The bench, consisting of Abu Bakar Jais and Ghazali Cha, then issued a warrant of committal for Mustaqim to begin his jail term. Previously, he was on bail.
Deputy public prosecutor Wong Poi Yoke had filed an affidavit to oppose the application. Pyara Singh represented Mustaqim.
A woman, believed to be the mother of the accused, was in tears as Mustaqim was taken to the court lock-up.
In 2017, a magistrate in Kangar sentenced the accused, now 24, to two years’ jail and a RM6,000 fine after finding him guilty of causing the death of Akmal Azrizal Anour, 17.
He committed the offence in front of a post office on Jalan Kangar, Padang Besar, Perlis, on March 8, 2017 at about 10.10pm.
The High Court affirmed the conviction and sentence.
Anyone found guilty of the offence, under section 41 (1) of the Road Transport Act 1987, can be fined a minimum RM5,000 and a maximum RM20,000, and jailed for a minimum two years and a maximum 10 years.
The accused person, whose case begins in the magistrates’ court, has no automatic right to appeal unless the Court of Appeal grants leave on a question of law.
The public prosecutor has the automatic right to appear in the appellate court if they are appealing.