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 Anticipation is the key, sam ke ting case

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TSbani_prime
post Apr 16 2022, 12:16 AM

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Anyway I saw this on fb but not sure where the source was

Attached Image

The bicycle were in stationary position. N driver was playing hp?
Namelessone1973
post Apr 16 2022, 12:19 AM

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How many times we need to repeat why she was released previously by the magistrate judge.

1. She was not driving under the influence of drugs or alcohol. She was not using handphone. This mean she was concentrating 100% on driving and should be able to drive, assess and make decisions like any normal drivers.

2. She was not speeding. MIROS established that she was driving between 55 to 75 kmph. This are really reasonable speed on a highway and most people in /k will even find it as road hogging. Normal people will probably slowdown to such speed when they are going into areas that is deemed less safe. Most people will not slowdown to below 30 kmph as it is just not a driving norm. Even though ts clsims it is near kampung area, nobody would be able to anticipate a huge group of kids in the middle of the road at 3 am in the morning. Any normal people would anticipate the roads would be clear. The most people will anticipate is a broken car or lorry.

3. If I am not mistaken, the judge found the accident was unavoidable as there were too many kids on the road at that time. Basically, she can't avoid hitting the kids. It is unlike a car or lorry breakdown on a road where she can swerve to the left or the right to avoid collision.

4. The parents should be able to anticipate their children was out at 3 am at night because it is definitely not the first time. The parents should have anticipated that their children are out racing when they see theur lanjak bicycle. Most important is the parents should have anticipated that their children out racing on highway would cause accidents and loss of lives whistling.gif
TSbani_prime
post Apr 16 2022, 12:20 AM

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Another revelation from fb comment which has similar principle as mimr

KEPUTUSAN PENDAKWAAN KES BASIKAL LAJAK..

Selepas saya baca kesemua fakta ini. Keputusan Tuan Hakim adalah munasabah dan bermerit. Bukan berdasarkan sentimen dan semata2 menlihat fakta sebelah pihak sahaja.

Fakta 1 ;

Dalam kertas keputusan tersebut. Tuan hakim mengatakan. Pelaku sepatutnya tidak membawa laju ketika jalan raya GELAP.

Ini tindakan biasa. Kalau jalan yang gelap , tiada lampu jalan. Dah tentu kita bawa perlahan kerana pemandangan mata dan penlihatan di depan tidak JELAS kerana GELAP. Ini fakta yang kukuh.

Dan andai PELAKU membawa perlahan dan berhati - hati ketika menlalui jalan GELAP. Dah tentu kalau berlaku kemalangan. TIDAK MUNGKIN MATI , mungkin hanya Cedera.

Tapi dalam kes ni. 8 nyawa melayang serta merta ,

Adakah kerana pelaku membawa perlahan dan berhati - hati? Kebiasaannya sebaliknya.. LAJU..

Fakta 2 ;

Dalam kertas keputusan tersebut. Tuan hakim mengatakan , pelaku tahu jalan tersebut berselekoh dan berbukit.

Sepatutnya pelaku membawa perlahan dan berhati- hati. Kerana kebiasaannya pemandu tidak akan bawa laju di jalan yang berselekoh dan berbukit kerana mana- mana pemandu lebih utamakan KESELAMATAN diri sendiri. Bila lalui jalan selekoh dan berbukit..

Ini fakta ke 2 yang munasabah. Logik kita sebagai pemandu dah tentu kita takkan bawa laju atau menekan minyak bila lalui jalan selekoh atau berbukit.

So keputusan TUAN HAKIM munasabah dan bermerit. ( logik ).

******************

Rumusan dari saya ;

6 tahun di penjara tidak sama seperti kehilangan nyawa. Kehilangan nyawa atau kehilangan anak ni LUKA belum tentu sembuh walaupun ibu bapa arwah kanak2 tersebut hidup selama 70 tahun.

Ye mereka kanak - kanak nakal keluar malam lewat pagi. Saya nampak fakta ni.

Namun kenakalan kanak2 ni bukan bersifat SELAMANYA.

Andai mereka tidak dilanggar ketika kejadian kemalangan itu , dah tentu mereka masih ada PELUANG untuk berubah.

Sayangnya , mereka tak sempat berubah. Malah nyawa ditarik sebegitu.

Maka keadilan perlu ditegak. Itu fungsi MAHKAMAH dan TUAN HAKIM .

Keadilan yang tertangguh bukan KEADILAN.

Selagi pelaku tidak diberi HUKUMAN , maka KEADILAN TIDAK WUJUD LAGI.

KEADILAN WAJIB DIBERI BERDASARKAN FAKTA DAN BUKTI.

Selepas baca kertas keputusan ni. Saya rasa HUKUMAN 6 tahun LAYAK untuk Pelaku..

Macam saya kata tadi , 6 tahun di Penjara TIDAK SAMA seperti KEHILANGAN NYAWA.

Jangan bandingkan 2 perkara ni. Terlalu jauh beza.

Sekian ,
#dieyoadie
vincent2197
post Apr 16 2022, 12:21 AM

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QUOTE(bani_prime @ Apr 16 2022, 12:16 AM)
Anyway I saw this on fb but not sure where the source was

Attached Image

The bicycle were in stationary position. N driver was playing hp?
*
If these were not mentioned during the proceeding, they were even less credible than SKT saying there was another car that hit the children.

This post has been edited by vincent2197: Apr 16 2022, 12:22 AM
TSbani_prime
post Apr 16 2022, 12:21 AM

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QUOTE(Namelessone1973 @ Apr 16 2022, 12:19 AM)
How many times we need to repeat why she was released previously by the magistrate judge.

1. She was not driving under the influence of drugs or alcohol. She was not using handphone. This mean she was concentrating 100% on driving and should be able to drive, assess and make decisions like any normal drivers.

2. She was not speeding. MIROS established that she was driving between 55 to 75 kmph. This are really reasonable speed on a highway and most people in /k will even find it as road hogging. Normal people will probably slowdown to such speed when they are going into areas that is deemed less safe. Most people will not slowdown to below 30 kmph as it is just not a driving norm. Even though ts clsims it is near kampung area, nobody would be able to anticipate a huge group of kids in the middle of the road at 3 am in the morning. Any normal people would anticipate the roads would be clear. The most people will anticipate is a broken car or lorry.

3. If I am not mistaken, the judge found the accident was unavoidable as there were too many kids on the road at that time. Basically, she can't avoid hitting the kids. It is unlike a car or lorry breakdown on a road where she can swerve to the left or the right to avoid collision.

4. The parents should be able to anticipate their children was out at 3 am at night because it is definitely not the first time. The parents should have anticipated that their children are out racing when they see theur lanjak bicycle. Most important is the parents should have anticipated that their children out racing on highway would cause accidents and loss of lives  whistling.gif
*
Example of herd mentality. U only follow the trend, there is no independent thinking from u.

We are away from that n into new dimension of thought
Knnbuccb
post Apr 16 2022, 12:21 AM

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Next time we should drop some nails on the ground if some people drive over it it's their fault? Didn't see carefully to avoid the nails .... Should've anticipated nails on the road.....
TSbani_prime
post Apr 16 2022, 12:22 AM

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QUOTE(vincent2197 @ Apr 16 2022, 12:21 AM)
If these were not mentioned during the proceeding, they were less credible than SKT saying there was another car that hit the children.
*
Agreed.. Too much thing mixing up from the media
diffyhelman2
post Apr 16 2022, 12:23 AM

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QUOTE(cursetheroad01 @ Apr 15 2022, 10:44 PM)
Ask the high court judge la.
High court haven't released any documentation yet.

Regardless, her driving resulted in death.
If that's not dangerous
, i hope I'll continue to never get to interact with shitty drivers like you and her.
And hopefully putting dangerous drivers off the road for a long time like this one becomes a norm.
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QUOTE(cursetheroad01 @ Apr 15 2022, 11:25 PM)
It just shows the court was so fixated to the speed of travel and the visibility (or non visibility) of/from the lady's car.
Forgetting the fact that 8 kids died from the supposed "low speed" impact.

And the high court got it right.
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The high court need to come up with their reason why they think death of 8 kids automatically proves reckless and dangerous driving then, which goes against previous judgements at federal court level.

QUOTE
Jesteru itu, adalah penting untuk difahami bahawa Seksyen 41 Akta Pengangkutan Jalan
1987 ini tidak sama sekali mensyaratkan jumlah ramai nyawa yang terkorban tetapi ia adalah
berkenaan cara pemanduan OKT yang melulu atau merbahaya walaupun terdapat
puluhan nyawa yang terkorban dalam sesuatu kes
. Pertimbangan mahkamah dalam kes yang
dituduh di bawah Seksyen 41 ini sebenarnya bukanlah kepada cara pemanduan sempurna
tertuduh tetapi kepada samada intipati Sekyen 41 tersebut telah dibuktikan tanpa sebarang
keraguan munsabah. Saya mengambil panduan penghakiman yang dibuat dalam kes
GUNASEGARAN SINGARAVELU V. PP [2009] 1 LNS 5 di mana Hakim Zawawi Salleh
(sekarang Hakim Mahkamah Persekutuan) memutuskan bahawa:
The essence of the charge against the appellant was dangerous or reckless driving. Driving is
not necessarily reckless or dangerous because it leads to fatal consequences but guilt could
only ensure if it is proven that the driving was reckless and dangerous
. The charge is not
one of causing death, but of driving dangerously or recklessly. The learned magistrate had
obviously failed to direct his mind to the law in this case and had been unduly influenced
by the fact that there had been a death
. This was a non-direction which amounted to a
misdirection. It is the duty of the appellate court to intervene in a case where the trial court
had fundamentally misdirected itself, that one may safely say that no reasonable court which
had properly directed itself and asked the correct questions would have arrived at the same
conclusion


This post has been edited by diffyhelman2: Apr 16 2022, 12:24 AM
SUSjvcpcv55
post Apr 16 2022, 12:24 AM

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» Click to show Spoiler - click again to hide... «


Who will be the right Authority to decide "LAJU" ???
JPJ or Judge ?

if JPJ put up a signboard stating 70km/h,
if we driving at any speed below 70km/h,
can the judge say we drive "LAJU"?


" a responsible driver must always able to anticipate dangerous location "
as a responsible driver,
we anticipate ordinary motorcycles will have tails lights !
we anticipate ordinary pedestrian, or romobongan orang will not walk on highways!


This post has been edited by jvcpcv55: Apr 16 2022, 12:30 AM
joedpa82
post Apr 16 2022, 12:24 AM

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Child endagerment on the parents?
Child neglect?

Namelessone1973
post Apr 16 2022, 12:26 AM

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QUOTE(bani_prime @ Apr 16 2022, 12:21 AM)
Example of herd mentality. U only follow the trend, there is no independent thinking from u.

We are away from that n into new dimension of thought
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This are established facts of the case.

It is way better than your laughable she should anticiptate there's danger and so she should drive below 30 kmph.

You think she got spidey sense and cwn anticipate so many kids on the road at 3 am laugh.gif
SUSjvcpcv55
post Apr 16 2022, 12:36 AM

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QUOTE(cursetheroad01 @ Apr 15 2022, 09:41 PM)
Exactly.
Our road are so dangerous to every other road users because drivers with lesen kopi like her are everywhere.

Good thing she's off the road for 6 years.

Hopefully this will be a good lesson for everybody yo drive safely and defensively.
*
Exactly.
Our roads are so dangerous to every other road users because PARENTS reproduce irresponsibly with kids running around at 3am like wild animals everywhere.

Good thing she's helped to put 8 into the grave and others off the road for years.

Hopefully, this will be a good lesson for every parent, your kids are your responsibility,
reproduce safely and defensively,
don't produce wild animals
SUSjvcpcv55
post Apr 16 2022, 12:38 AM

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QUOTE(desmond2020 @ Apr 15 2022, 09:41 PM)
highway is a dangerous location?

akal mana akal?
*
maybe JPJ should flatten all highways,
with ZERO degrees inclination
SUSjvcpcv55
post Apr 16 2022, 12:41 AM

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QUOTE(cursetheroad01 @ Apr 15 2022, 09:53 PM)
Well, this case duh
The 6 years jail is a good precedence.

Btw, if ahe had followed the rule, she could have avoided such incident.
She clearly not following the rule, causing deaths.

Serves her right. Off the road with you
*
Well, this case duh
The 6 years jail is a bad precedence.

Btw, if parents had followed the good parenting guide,
those kids could have avoided landed in graves.
those parents clearly do not follow the rule, causing deaths.

Serves those kids right.
Off the road with graves.
vincent2197
post Apr 16 2022, 12:44 AM

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QUOTE(jvcpcv55 @ Apr 16 2022, 12:24 AM)
» Click to show Spoiler - click again to hide... «


Who will be the right Authority to decide "LAJU" ???
JPJ or Judge ?

if JPJ put up a signboard stating 70km/h,
if we driving at any speed below 70km/h,
can the judge say we drive "LAJU"?
" a responsible driver must always able to anticipate dangerous location "
as a responsible driver,
we anticipate ordinary motorcycles will have tails lights !
we anticipate ordinary pedestrian, or romobongan orang will not walk on highways!
*
I think the judge will have the final say in defining "laju". For example, the speed limit is 70km/h, but it is during hari raya and traffic jam, if in such circumstance you still drive 70km/h, are you not "laju" or reckless? Sorry for using this obvious example, but my point is speed limit is only one factor to consider reckless or not, you also need to see the road condition.

In this sense the HC judge was not wrong. But in SKT's situation, the judge might have imposed too high a standard on drivers for if we put ourselves in her shoe, how many of us can actually avoid that collision?
SUSjvcpcv55
post Apr 16 2022, 12:44 AM

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QUOTE(pandah @ Apr 15 2022, 09:56 PM)
if i drive on a road, i would anticipate may be there are lubang or may be there are branches from roadside tree or even breakdown cars etc, but budak nyamuk is not something that i am supposed to anticipate.

like the highway construction material drop and kill the driver case, will you say hey itu driver sepatutnya anticipate benda nak jatuh, so driver tu salah dan patut dipenjara kalau dia tak mati?

and for the umpteenth times, the MIROS has already determined that she was not speeding.
*
definitely do not anticipate 40 scattering nyamuk on the road
Tacotaco
post Apr 16 2022, 12:47 AM

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Based ontp this shit logic, every shit driver needs to do 6 years jail
kopiride
post Apr 16 2022, 12:47 AM

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so now judgement is base on anticipate.
The parents should anticipate that without educating their kids, will become sampah masyarakat. Menyusahkan orang and grow up become jkom without logic.
The parents should anticipate when when to have durex ready.
The parents should anticipate their children naughty will sneak out so must lock the door with new lock.
The parents should anticipate that by buying lajak for kids is the cause of their death.
Anticipate la...bodoh..
SUSjvcpcv55
post Apr 16 2022, 12:47 AM

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QUOTE(bani_prime @ Apr 15 2022, 09:58 PM)
Tak kisah.... The issue here is anticipation. Even u are below speed limit, if it was raining heavily n u have poor vision, even driving fast n even bow speed limit considered dangerous driving
*
don't add in other unrelated situation
there are no rains,


do you t anticipate 40 scattering nyamuk on the road? ?
SUSjvcpcv55
post Apr 16 2022, 12:49 AM

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QUOTE(e-lite @ Apr 15 2022, 10:02 PM)
Baik letak speed limit 30 kmph dekat highway ja. Sebab takut ada kanak-kanak dan bas sekolah berhenti di sana

Sebab "anticipation"

Bani ini khilaf
*
i guess even 30km/h will kill some of them,
because they don't have helmet protection

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