Is the accused in the case of 'Basikal Lajak' entitled to apply the defense of accident as provided in the Penal Code of Malaysia to exempt her liability from reckless driving?
No, based on the Penal Code of Malaysia, the accused person is not entitled to the defense of accident in order to exempt her liability from reckless driving. The defense of accident is not applicable in cases of reckless driving due to the nature of the offense.
Understanding the Defense of Accident in Malaysian Law
The case of 'Basikal Lajak' has sparked debates and discussions regarding the application of the defense of accident in Malaysian law. In general, the defense of accident can be invoked by an accused person who is charged with an offense that requires both mens rea (guilty mind) and actus reus (wrongful act). This defense allows the defendant to argue that the offense was not committed intentionally and therefore they should not be held liable for it.
However, when it comes to offenses like reckless driving, the defense of accident is not applicable. In the case of reckless driving, mens rea is not required as the offense is considered a strict liability offense. This means that the prosecution does not need to prove that the defendant intended to commit the offense; it is enough to establish that the defendant committed the act.
In the context of 'Basikal Lajak', where modified bicycles are ridden dangerously on busy roads, the defense of accident would not absolve the accused from liability. Even if the accused claims that the incident was an accident, it would not serve as a valid defense in the eyes of the law. Therefore, in this particular case, the accused cannot rely on the defense of accident to exempt her liability from reckless driving charges.
Conclusion
In conclusion, the defense of accident provided in the Penal Code of Malaysia is not applicable to offenses like reckless driving, including cases involving 'Basikal Lajak'. The liability of the accused cannot be exempted by claiming that the offense was accidental, as mens rea is not a requirement for such offenses. It is essential for individuals to abide by traffic laws and regulations to ensure the safety of themselves and others on the road.