SEREMBAN: The High Court here has allowed an appeal by a supervisor to set aside his five-year jail sentence imposed by a lower court for causing the death of a 24-year-old motorcyclist.
Judge Rohani Ismail, who delivered her judgment in chambers, however, ordered 25-year-old Muhammad Safrul Hizami Azizul Rahman to serve a bond of good behaviour for two years with RM5,000 collateral.
The court also maintained the RM20,000 fine and three-year driving ban imposed by a Magistrate's Court.
Muhammad Safrul Hizami was charged with committing the offence at around 7am on April 11, 2022, along Jalan Ujong Pasir near here.
The accused, who was driving, was making a U-turn when the motorcyclist, who was coming from the opposite direction, crashed into him.
He was charged under Section 41(1) of the Road Transport Act 1987 for dangerous driving which carries a jail term of between five and 10 years and a fine of between RM20,000 and RM50,000 upon conviction.
In February last year, a Magistrate's Court had sentenced him to serve five years in jail and to pay a fine of RM20,000 in default eight months jail after he pleaded guilty to the offence.
The court also suspended his driving licence for three years.
When met later, Muhammad Safrul Hizami's lawyer Datuk Sharif Mohamed said the court allowed the appeal as the accused was a young offender.
"The court took into consideration his age and his future.
"The judge felt that a custodial sentence was not suitable and that the accused should be given another chance," he said.
Sharif said the accused and his family had also met the victim's family on several occasions to apologise.
The victim's family, he said, had also accepted his client's apology.
