A three-member Court of Appeal bench chaired by Justice Hanipah Farikullah also ordered Teoh Thiam Lim’s driving licence to be suspended for five years effective today.
Teoh’s lawyer, Ravi Nekko, informed the bench that the Attorney-General’s Chambers had accepted his client’s representation to reduce the charge under Section 42(1) of the Road Transport Act.
The offence for driving recklessly without due care and attention carries a jail term of up to five years and a fine of between RM5,000 and RM15,000.
The offender’s licence must be suspended for a minimum of two years from the date of the conviction.
Deputy public prosecutor Fauziah Daud confirmed the representation made by Teoh.
The prosecution had abandoned its appeal against the conviction and sentence imposed by the High Court after Teoh’s representation was accepted.
Three years ago, a magistrate sentenced Teoh, 33, to four years in jail and fined him RM7,000 for causing the death of Ang. His driving licence was also suspended for three years.
Ang was knocked down on Dec 10, 2017 during the Klang City International Marathon, in what was reported to be a hit-and-run incident, which caused her to suffer a fractured skull and brain haemorrhage.
The 44-year-old was left in a coma for several months before succumbing to her injuries in the early hours of March 1, 2018.
Teoh was charged under Section 41(1) of the Road Transport Act, which carries a minimum two years and maximum 10 years jail term upon conviction.
He appealed to the High Court, which found him guilty of careless and inconsiderate driving, an offence under Section 43(1) of the Act. The offence carries a minimum RM5,000 and a maximum RM20,000 fine.
His driving licence was also suspended for three years.
During mitigation today, Ravi said Teoh had spent 21 days in jail after the magistrate refused the stay of sentence.
He was freed after the High Court allowed him bail pending the outcome of his appeal.
“I urge the court to temper justice with mercy as he will lose his job if sent to jail,” Ravi said, adding that the bench should take into account the 21 days he was in prison.
Fauziah urged the bench, which included Justices Ahmad Nasfy Yasin and Nordin Hassan, to impose an appropriate sentence, including a three-year jail term, as a life was lost.
Ravi later told reporters Teoh was freed after he paid RM3,000, the balance of the fine, since RM7,000 had been settled earlier.