SIBU: A motorist who admitted driving without reasonable consideration for other road users which resulted in a crash that claimed the life of a 69-year-old taxi driver, was fined RM10,000, in default six months’ imprisonment, by the Magistrate’s Court here on Wednesday (July 29).
Magistrate Oon Kork Chern who handed down the sentence on Wendy Wee, 34, also ordered that the particular of the conviction to be endorsed on the accused’s driving licence.
The accused pleaded guilty after the prosecution amended the charge to an offence under Section 43(1) of the Road Transport Act 1987, which criminalises driving without reasonable consideration for other road users.
The charge stemmed from an incident at Lebuh Tanahmas Road at about 10:15 am on April 4, 2026, in which the accused’s vehicle struck pedestrian, Loh Ngion Chai, as the latter was crossing the road.
Loh sustained severe traumatic brain injuries and died two days later while receiving treatment at hospital.
In delivering the sentence, Magistrate Onn stressed that the court was obliged to sentence the accused according to the offence before it and not the original charge, explaining that once the prosecution exercised its discretion to amend the charge to Section 43(1), the court’s sentencing jurisdiction was confined to the penalty prescribed under that provision.
The magistrate said the court had carefully considered the victim’s impact statement presented by the deceased’s family and expressed sympathy for the profound grief and irreversible loss they continued to suffer.
Nevertheless, he emphasised that sentencing must be based on the law, the admitted facts of the case and the limits imposed by the statutory provision under which the accused had been convicted.
Prior to passing sentence, he had also directed the prosecution to explain on record the reasons for reducing the original charge, noting the victim family’s dissatisfaction with the proposed amendment and their concerns that the eventual punishment would not reflect the seriousness of the fatal incident.
The accused, who was represented by legal counsel, Boston Ho, opted to pay the fine.
