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 Anticipation is the key, sam ke ting case

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TrialGone
post Apr 15 2022, 11:32 PM

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QUOTE(WaCKy-Angel @ Apr 15 2022, 11:19 PM)
Deswai dashcam is important yooo
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I think next time need dashcam for lanjak bikes as well, lol.

Anyway we are making too many assumptions here. My theory, its 3am in the morning. Likely not many cars at the time, she probably just driving at little faster on the half empty road. If you ever seen cyclist (with no reflector or lights) on the road at night, they are still very difficult to spot in middle of the road even with powerful road lights cause our brain is usually train to see cars or motorbikes with red lights at the back and close to same speed. Also accident tends to be instantaneous, a lot drivers probably wont remember much detail including how fast she is driving or how she hits the kids. Like I mentioned, there's likelihood one of the kids felled (she mentioned got another car hit the kids), she drove over him and lost control mowing the rest. We just DONT KNOW. But the judges I can tell just make incredibly flawed reasoning there. No proof how can just sentence her like that?

This post has been edited by TrialGone: Apr 15 2022, 11:33 PM
Cyberbullies
post Apr 15 2022, 11:36 PM

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QUOTE(bani_prime @ Apr 15 2022, 11:08 PM)
Dont care...the POINT is are at the corner, n u cant anticipate what in front of u. Ur visibility already affected. U know u cant see what in front, still mau speeding? 50 km/hr at corner is speedlah

Lain cerita if u are in straight road, where u can see everything in front of u

This scenario also applied in hilly road, where ur visitbility already affected n cant see whats will be in front of u

Do u know how many broken car that parked beside the road kena hit? All because no anticipation
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Corner? Looks like straight road to me.

I think you misinterpreted what the judge meant by "keadaan jalan yang berselekoh dan berbukit sedikit".

Don't think the driver hit the victims at a corner lmao, plus the speed test wasn't calculated at the corner pun.


TSbani_prime
post Apr 15 2022, 11:37 PM

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Some of the reader still dont get my point

As a driver, we DONT WAIT until danger comes to us
But we must anticipate possible danger n do preventive measures

When u wait for danger to be identified, most of the time u have no time to do some preventive measures
cursetheroad01
post Apr 15 2022, 11:38 PM

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QUOTE(Ray2021 @ Apr 15 2022, 11:26 PM)
Gotcha.  Did you read the judgement and the officers in verbatim clarification.  No right.  Too malas right.

Here do practice what you preach and do not be a muppet hypocrite ok.

“Stop making this personal and getting butthurt about something not related to you or within your control.

Fuckin get a life …”
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Still presumptive.
I bet you yourself didn't plow through the transcript as thorough as the lady plowing through 30 kids and bikes, killing 8.
Tengok screen shot from the Twitter post only issit?
Yep. Thought so.

What for going through the details of the proceedings transcript when the summary is sufficient enough.
Yes I've read the judgement and clarifications.

But it doesn't matter now. The high court got it right this time around.

Btw. We are all in this casual corner of an asian tech forum on a Friday night, arguing over a done case.
While i admit i don't have much life, i hope you would atleast not be a hypocrite yourself and "fucking get a life".

This post has been edited by cursetheroad01: Apr 15 2022, 11:39 PM
desmond2020
post Apr 15 2022, 11:39 PM

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QUOTE(bani_prime @ Apr 15 2022, 11:37 PM)
Some of the reader still dont get my point

As a driver, we DONT WAIT until danger comes to us
But we must anticipate possible danger n do preventive measures

When u wait for danger to be identified, most of the time u have no time to do some preventive measures
*
so why accident happened?

can anticipate kid throwing rock at your wind shield?

can you anticipate scaffolding collapsed and crash onto your car?
desmond2020
post Apr 15 2022, 11:39 PM

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QUOTE(cursetheroad01 @ Apr 15 2022, 11:38 PM)
Still presumptive.
I bet you yourself didn't plow through the transcript as thorough as the lady plowing through 30 kids and bikes, killing 8.
Tengok screen shot from the Twitter post only issit?
Yep. Thought so.

What for going through the details of the proceedings transcript when the summary is sufficient enough.
Yes I've read the judgement and clarifications.

But it doesn't matter now. The high court got it right this time around.

Btw. We are all in this casual corner of an asian tech forum on a Friday night, arguing over a done case.
While i admit i don't have much life, i hope you would atleast not be a hypocrite yourself and "fucking get a life".
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well that is rich coming form a one star dupe account
TSbani_prime
post Apr 15 2022, 11:41 PM

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QUOTE(Cyberbullies @ Apr 15 2022, 11:36 PM)
Corner? Looks like straight road to me.

I think you misinterpreted what the judge meant by "keadaan jalan yang berselekoh dan berbukit sedikit".

Don't think the driver hit the victims at a corner lmao, plus the speed test wasn't calculated at the corner pun.
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U should go there. I worked at nearby location before, so i can understand the situation there.
After petronas station, the road started curved slightly before it turns sharp at the corner
And at the corner, it was one lane road into jalan kampubng

This is the reason why i raise issue, the highway n the kampung is so closeby. A lot of people including pedestrian use that road
Ray2021
post Apr 15 2022, 11:43 PM

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QUOTE(cursetheroad01 @ Apr 15 2022, 11:38 PM)
Still presumptive.
I bet you yourself didn't plow through the transcript as thorough as the lady plowing through 30 kids and bikes, killing 8.
Tengok screen shot from the Twitter post only issit?
Yep. Thought so.

What for going through the details of the proceedings transcript when the summary is sufficient enough.
Yes I've read the judgement and clarifications.

But it doesn't matter now. The high court got it right this time around.

Btw. We are all in this casual corner of an asian tech forum on a Friday night, arguing over a done case.
While i admit i don't have much life, i hope you would atleast not be a hypocrite yourself and "fucking get a life".
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Regardless, tak kesah, but it does not matter now ,,, how can you be so sure HC got it right when full judgement of HC not out yet.

Gotcha again.

Ok just friendly reminder in your own words “Stop making this personal and getting butthurt about something not related to you or within your control.”


p/s: Here is the Magistret full judgement and also HC keputusan. You are welcome.

https://forum.lowyat.net/index.php?showtopic=5262973&hl=

This post has been edited by Ray2021: Apr 15 2022, 11:48 PM
TSbani_prime
post Apr 15 2022, 11:43 PM

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QUOTE(desmond2020 @ Apr 15 2022, 11:39 PM)
so why accident happened?

can anticipate kid throwing rock at your wind shield?

can you anticipate scaffolding collapsed and crash onto your car?
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U pick up different context maa...

Ur context is about something outside from the road suddenly flying into the road. No one can anticipate like that lah
This is about anticipitating what LIES ahead you on the road, esp at corner where u cant see or hilly area
cursetheroad01
post Apr 15 2022, 11:45 PM

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QUOTE(desmond2020 @ Apr 15 2022, 11:39 PM)
so why accident happened?

can anticipate kid throwing rock at your wind shield?

can you anticipate scaffolding collapsed and crash onto your car?
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Because the other road users didn't anticipate.
When you drive defensively, you did your part in reducing risk of accident.
The risk would have been further reduced to nill if both the lady had been more aware and drove better, and the kids actually have a brain.

Imagine the kids were a stranded trailer by the roadside but didn't put down cones or increase visibility around the corner in anticipation of any incoming vehicles.
It would have been a clerk dead for crashing into the back of a trailer instead and we would have a very different kind of discussion.
desmond2020
post Apr 15 2022, 11:45 PM

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QUOTE(bani_prime @ Apr 15 2022, 11:43 PM)
U pick up different context maa...

Ur context is about something outside from the road suddenly flying into the road. No one can anticipate like that lah 
This is about anticipitating what LIES ahead you on the road, esp at corner where u cant see or hilly area
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and lajak bike is onl your list?

ayam never expect to see one rolleyes.gif
desmond2020
post Apr 15 2022, 11:48 PM

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QUOTE(cursetheroad01 @ Apr 15 2022, 11:45 PM)
Because the other road users didn't anticipate.
When you drive defensively, you did your part in reducing risk of accident.
The risk would have been further reduced to nill if both the lady had been more aware and drove better, and the kids actually have a brain.

Imagine the kids were a stranded trailer by the roadside but didn't put down cones or increase visibility around the corner in anticipation of any incoming vehicles.
It would have been a clerk dead for crashing into the back of a trailer instead and we would have a very different kind of discussion.
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the road got two three lane, can easily switch to other unoccupied lane

meanwhile this case, whole road is filled with lajak bike
cursetheroad01
post Apr 15 2022, 11:49 PM

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QUOTE(Ray2021 @ Apr 15 2022, 11:43 PM)
Regardless, tak kesah, but it does not matter now ,,,  how can you be so sure HC got it right when full judgement of HC not out yet. 

Gotcha again.

Ok just friendly reminder in your own words “Stop making this personal and getting butthurt about something not related to you or within your control.”
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Ah so instead of actually discussing about the case, you just want to nitpick my choice of words.
Basically, you have nothing of value to bring into the discussion.

Oh well, until you have learn how to participate in a discussion like a well adjusted adult, I'm done with you.
Ray2021
post Apr 15 2022, 11:54 PM

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QUOTE(cursetheroad01 @ Apr 15 2022, 11:49 PM)
Ah so instead of actually discussing about the case, you just want to nitpick my choice of words.
Basically, you have nothing of value to bring into the discussion.

Oh well, until you have learn how to participate in a discussion like a well adjusted adult, I'm done with you.
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Yes like a well adjusted adult calling others bitch, muppet, get a fuckin life etc (again your own words). I have already given you the link to the judgements and the adult discussion.

I do apologize for trolling you at your level and letting you have a taste of your own medicine … bitter so no butthurt ok (your own words again).

On a serious note, do go to the adult discussion with the full magistrate judgement and HC decision for your easy consumption.
Purpleheaven
post Apr 15 2022, 11:55 PM

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QUOTE(cursetheroad01 @ Apr 15 2022, 11:45 PM)
Because the other road users didn't anticipate.
When you drive defensively, you did your part in reducing risk of accident.
The risk would have been further reduced to nill if both the lady had been more aware and drove better, and the kids actually have a brain.

Imagine the kids were a stranded trailer by the roadside but didn't put down cones or increase visibility around the corner in anticipation of any incoming vehicles.
It would have been a clerk dead for crashing into the back of a trailer instead and we would have a very different kind of discussion.
*
You got see videos on how these lajak rubbish ride right? They weave around, near cars. Can easily fall any time..

A trailer in the middle of the road is large and stationery. She can easily see it and can switch lanes.

A group of extremely short lajak sampahs are different. She could have already changed lanes to avoid them, but those idiots wont stay away from cars one. They ride fast as close to cars as possible. One fall or weave in front of her car, what can she do? Avoid the many kids that is around her?
r2t2
post Apr 16 2022, 12:01 AM

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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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That's the thing ... while I empathize with the parents, but isn't this a court of law based on facts? Not judge's 'opinion' based on some previous cases? Or even pressure from public?
If this is an ethic court, then I'll agree with you (for the lives lost, 6 years is nothing). But for this case, I can't.

Any reasonable doubt raised by the report that it's not 100% the driver's fault, then original charge should've been dropped (and rightly so, twice by the magistrate courts); if the prosecutor wanna rephrase the charge, then do go ahead if the intention is to raise awareness of defensive driving towards dangerous public road users,

Furthermore, this set a dangerous precedence for future cases.

Let's say, I do drive defensively every time on the road; then one night when there's no moon, a convoy of bikers with no lights (they just feel like doing it for the lulz and challenge), hit me head on even when I'm driving below speed limit (let's say it's not a straight road, not a highway; if brightly lighted straight highway, with my headlights on, then partially the blame might be on me for not be super careful enough or can think many steps ahead or having super reflex) ... few of the bikers passed away from the impact of our collision, partially from their own high speed bikes and partially from my car, what will be the judgement? If based on this SKT case, the presiding judge can find me guilty and fully sentenced me. So, in the future; any illegal road users that created dangerous situations for public (ironically, that's one of the high court judge reasoning, the priority of public importance and not individual), if they unfortunate died from accident with another law abiding road user (but doesn't have the experience or foresight of driving super carefully around the time of accident); the one who is not dead, causing death, is the guilty party.

Do you want this kind of judgement to be permanently recorded in our court of law?
Pugface
post Apr 16 2022, 12:04 AM

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QUOTE(bani_prime @ Apr 15 2022, 09:29 PM)
Here i try to understand the basis of reasoning from the judge on why the judge decided that unfortunate driver is guilty
Several key point i want to highlighted from the report i read

"... makhamah bicara terkhilaf apabila menerima pembelaan Responden yang tidak mengetahui adanya aktiviti basikal lajak pada malam kejadian sebagai alasan untuk memandu keretanya secara merbahaya sehingga mengorbankan mangsa yang dinyatakan dalam pertuduhan. Responden seharusnya  memandu kereta dengan lebih berhati - hati dan bukannya memandu dengan laju sehingga menyebabkan kemalangan tersebut."

"...Responden yang memandu keretanya secara merbahaya mengambil kira keadaan jalan yang berselekohj dan berbukit sedikit"

In my personal opinon, i think what the judge trying to highlight, as a good driver, we must anticipate any possible danger . So whenever we encounter a location that has potential danger like reduce our visibility, down the hill, crowded place, and so we must able to take necessary step to reduce the risk.
For example if we goes into school area, we must reduce our car speed, in anticipating possible danger that kid will run across the road from no where. We cant just say, eh aku tak nampak ada budak lari" 

A dangerous driving will be like, even u know u are in school area, u continue to speed and somehow hit a kid. This is what considered a dangerous driving. Because u fail to anticipate n do what necessary. Same thinglah if  u drive during raining too

In this case, obviously the driver not only she was approaching a dangerous location. She goes down hill and approaching the corner and its dark. A good driver usually able to anticipate the risk of danger n reduce the speed,. Unfortunately, in this case, there is no preventive measure taken during this risk location. For this the judge said " Responden seharusnya  memandu kereta dengan lebih berhati - hati dan bukannya memandu dengan laju sehingga menyebabkan kemalangan tersebut. " (esp in the hilly area, at the corner and dark location)
The presence of the boys on the road is also wrong. But does it change anything if we replace the boys with ordinarly motorcycle, ordinary pedestrian, or romobongan orang? or TNB replace bulp There is no law saying that these people cant be presence on the road or the corner of highway. So a responsible driver must always able to anticipate dangerous location n do what is necessary , whatever preventive measure to prevent accident. This is in my personal opinion, the basis of the judge reasoning on the case (or course tambah dengan statement inconsistentcies like tiba2 ada new version of another car hit the kid)
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Haha brader i can hear u breathing through ur hidung kembang when typing this...
Ray2021
post Apr 16 2022, 12:05 AM

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Good summary by big wolf.

QUOTE(bigwolf @ Apr 15 2022, 01:48 AM)
lol so basically high court concluded she drove dangerously simply because she failed to drive EVEN MORE carefully than careful, and should have anticipated risks behind the slope in the HIGHWAY. Bagus bagus, great judgement  rclxms.gif  rclxms.gif  rclxms.gif
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[149] Maka mahkamah berpendapat sistem keselamatan ABS motorkar tersebut telah berfungsi di mana motorkar tersebut dapat mengelak halangan yang betul-betul di hadapannya. Kemudiannya pergerakan motorkar tersebut dihalakan ke bahagian kiri jalan AA1 dengan bantuan sistem ABS adalah munasabah kerana jalan A-A1 tersebut adalah lebar jika dibandingkan dengan kelebaran jalan A1-A2 dan jalan A2-A3. Walaubagaimanapun, mahkamah mendapati dalam situasi sebegini OKT tidak boleh dikatakan sebagai gagal mengawal motorkar beliau apabila melihat kecemasan di hadapan beliau. Hal ini kerana keseluruhan besar kumpulan basikal jelas menutup keseluruhan jalan A-A1, maka kumpulan basikal yang berada di kiri jalan A-A1 adalah mustahil untuk dielakkan perlanggaran apabila sistem keselamatan ABS motorkar tersebut berfungsi melainkan motorkar tersebut terbang melepasi halangan kumpulan basikal tersebut yang mana dalam masa yang sama tindakan tersebut adalah amat mustahil dapat dilakukan oleh motorkar tersebut. Oleh yang demikian, adalah mustahil untuk membuktikan bahawa OKT cuai atau gagal memberi perhatian terhadap situasi kecemasan berada di hadapannya.
TrialGone
post Apr 16 2022, 12:06 AM

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QUOTE(bani_prime @ Apr 15 2022, 11:37 PM)
Some of the reader still dont get my point

As a driver, we DONT WAIT until danger comes to us
But we must anticipate possible danger n do preventive measures

When u wait for danger to be identified, most of the time u have no time to do some preventive measures
*
That's common sense. We talking about the woman getting 6 years prison here.

Might as well make law and restrict all cars to go less than 50km/hr forever on highways since never know if any lanjak/cows/cats around, lol. Remember, this ain't near school or pedestrian crossing. This is just normal road where the kids shouldnt be at 3 am in the morning.

This post has been edited by TrialGone: Apr 16 2022, 12:08 AM
whoopa
post Apr 16 2022, 12:14 AM

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ts always anticipate vehicles coming the other way LOL

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