Dangerous driving: Man’s appeal dismissed
Published on: Friday, March 22, 2024
By: Jo Ann Mool
He was jailed four years and fined RM6,000 or 10 months’ jail for driving a Nissan Sentra car in a dangerous manner which caused the death of pedestrians Max Christy Masdi, 10, and Maxryona Masdi, 6, at 6.40am at Jalan Kg Tempasuk II on March 11, 2019.
Kota Kinabalu: A 59-year-old man, who was sentenced to four years’ jail and fined RM6,000 for dangerous driving, which caused the death of two young siblings in Kota Belud five years ago, failed to get leave from the Court of Appeal to challenge the High Court’s decision in dismissing his appeal.
Justices Datuk Supang Lian, Datuk Collin Lawrence Sequerah and Datuk Wong Kian Kheong unanimously dismissed Daud Simpul’s application after hearing arguments from his counsel and the prosecution.
ADVERTISEMENT
The Appellate Court issued a warrant of commitment against Daud, who was on stay of execution of the sentence, to serve the imprisonment sentence immediately.
Daud had sought to obtain leave to appeal from the appellate court on his case under Section 41 of the Road Transport Act.
Counsel Datuk Nelson Angang, representing Daud, raised three questions of law in the application.
Nelson in the application informed the court earlier that the High Court dismissed Daud’s appeal and affirmed the Magistrate’s Court decision. Deputy Public Prosecutor Mohd Amril Johari appeared as the prosecution for the respondent.
ADVERTISEMENT
On April 16, 2021, Daud was found guilty by the Magistrate’s Court here at the end of his defence.
He was jailed four years and fined RM6,000 or 10 months’ jail for driving a Nissan Sentra car in a dangerous manner which caused the death of pedestrians Max Christy Masdi, 10, and Maxryona Masdi, 6, at 6.40am at Jalan Kg Tempasuk II on March 11, 2019.
ADVERTISEMENT
The offence, under Section 41(1) of the Road Transport Act, carries a jail term of between two and 10 years and a fine of between RM5,000 and RM20,000 on conviction.
Daud, however, managed to obtain a stay of execution of the sentence pending an appeal to the High Court.
Meanwhile, Daud, who was also charged with driving under the influence of alcohol or drug at the same place and time, was freed from the charge.
Stay up-to-date by following Daily Express’s Telegram channel.
Daily Express Malaysia
