SIBU: The High Court here on Thursday upheld the conviction and sentence of a motorist found guilty of causing the death of a motorcyclist in a fatal road crash in Song, ruling that the tragedy could have been avoided had the driver complied with a mandatory STOP sign.
Judicial Commissioner Alvin Leong Yin Yuan dismissed the appeal filed by Djontius Lebak, 51, against both his conviction and sentence, affirming the Magistrates Court’s finding that he had driven dangerously under Section 41(1) of the Road Transport Act 1987.
The court also maintained the sentence imposed by the Song Magistrates Court – three years’ imprisonment, an RM8,000 fine, and a three-year driving disqualification, on October 25, 2024.
The fatal collision occurred at about 10:30 am on February 19, 2018, at Kilometer 1.5, Jalan Takan, Song.
Djontius was driving a four-wheel drive towards Temalat when it collided with a motorcycle ridden by Dennis Joseph Stephen Kule, who later succumbed to multiple traumatic injuries.
In his appeal, the appellant argued that the collision occurred near the middle of the junction, suggesting that neither party could be solely blamed.
He also contended that bushes and roadside signboards had obstructed visibility, and relied on evidence indicating he had attempted to brake before impact.
However, the High Court found those arguments insufficient to overturn the conviction.
In delivering the ruling, the judge said the physical evidence – particularly the long skid marks beginning beyond the clearly marked STOP line – demonstrated that the appellant had failed to stop before entering the junction and was travelling at speed.
“The presence of brake marks indicates that the appellant attempted to avoid the collision, but it was too little, too late,” the court held.
The judge further ruled that whether bushes or signboards partially obstructed the driver’s view was ultimately immaterial because the legal duty to stop at the junction remained absolute.
“There is no doubt in my mind that had the appellant stopped as required, the accident would have been avoided,” the court said.
The High Court also rejected the appellant’s submission that the deceased may have contributed to the collision, observing that the proceedings concerned criminal liability rather than civil negligence, where fault can be apportioned.
The court noted there was no STOP marking on the deceased’s approach to the junction and therefore no reason for the motorcyclist to reduce speed before entering the intersection.
On sentencing, the judge remarked that the punishment imposed by the Magistrates’ Court was already at the lower end of the statutory range applicable at the time of the offence.
“I would personally have imposed a somewhat harsher sentence. A life was lost as a result of the appellant’s actions,” the judge said, adding that the sentence nevertheless remained appropriate after considering the mitigation advanced by the defence and the prosecution’s position.
Accordingly, the appeal against both conviction and sentence was dismissed, and the conviction under Section 41(1) of the Road Transport Act 1987 was upheld.
Deputy Public Prosecutor (DPP), Mark Kenneth Netto, appeared for the respondent while the appellant was represented by legal counsel, Louis Jarau.
