Drivers who cause greater harm face jail time

[bobby]

Tang Ling Lee had appealed against her jail term. ST FILE PHOTO


Even as a High Court judge set a new three-tier sentencing framework for those who cause grievous hurt due to negligence on the road, he questioned an accused's use of an MP's letter to downplay her culpability.

According to the letter, Tang Ling Lee - whose appeal against a week's jail term for colliding with a 27-year-old motorcyclist was eventually dismissed- had only "accidentally brushed a motorcyclist resulting in the motorcyclist sustaining some injuries".

But Justice See Kee Oon highlighted that this was not consistent with the statement of facts that she had agreed to.

The victim, Mr Vikaramen A. Elangovan, suffered multiple fractures requiring a dozen operations in two months and was warded in hospital for 69 days after he was hit by the car Tang had been driving.

"These statements are regrettably misleading if they correctly reflect what she had conveyed to the MP," said Justice See in judgment grounds issued last week.

Tang had been sentenced to one week's jail and banned from driving for two years last year after she admitted that she had failed to keep a proper lookout while making a right turn at a junction in Ang Mo Kio on Sept 16, 2016.

Appealing against the jail term, her lawyer Adrian Tan Wen Cheng argued that a fine would have been sufficient.

Deputy Public Prosecutor Houston Johannu, however, objected, pointing to Tang's high culpability and the "substantial harm" caused.

The judge noted that past cases show that the same offence had resulted in a fine in some cases but jail in others.

Saying that it "would be useful to provide some guidance... which might help foster more consistency", he included in his judgment a three-tier punishment framework based on the degree of harm and culpability.

In the most serious of traffic accident cases, involving "greater harm and higher culpability", the presumptive sentencing range will be more than two weeks in prison.

At the lowest end of "lesser harm and lower culpability", fines would be enough.

For cases which fall in between, he prescribed one to two weeks in jail.

The judge also highlighted factors that increase culpability, such as "speeding, drink-driving, sleepy driving... driving while using a mobile phone... driving against the flow of traffic or off the road" as well as driving without a licence or while under disqualification.

Justice See found Tang's case fell in the most serious band, which meant more than two weeks' jail.

While video from her car's camera showed she had not been speeding, she had not stopped at the junction at all and had swerved fairly abruptly "barely seconds before the motorcyclist was about to cross the junction as well".

The judge dismissed her claim that she had mistaken the motorcycle's headlight for a street light.

Still, her guilty plea, remorse shown, clean record of 20 years and the fact that she stopped to help the victim justified reducing the sentence to one week in prison, the judge added.

At the close of his written judgment, Justice See described her use of the MP's letter as "somewhat troubling" given that the statements within "sought to unfairly trivialise the accident and diminish the true extent of the victim's substantial injuries".

It was not stated in his judgment which MP had sent the letter on Tang's behalf to the State Courts.

 

[bobby]

Next time you kena jail...can ask your teeko MP to write in for you.

 

[songsongjurong]

The facts
4 On 16 September 2016, the appellant was driving with her two young children in the car at about 9.06 pm. She had made a right turn while driving
her vehicle along Ang Mo Kio Avenue 8 towards Ang Mo Kio Avenue 6.

Thiswas a major traffic junction. The weather and road conditions were normal and traffic was light. The appellant’s vehicle was on the second lane, which permitted vehicles to turn right into Ang Mo Kio Avenue 6 as well as head straight.

The only vehicle approaching from the opposite side of the road at the time was the victim’s motorcycle. He was riding straight along Ang Mo Kio
Avenue 8 on the innermost left lane and the traffic lights were green in his favour.

 

[songsongjurong]

Unfortunately, the appellant did not keep a proper lookout and made no effort to check for oncoming vehicles before executing the right turn. She did not stop at the right turning pocket to look out for oncoming traffic in the 2 Tang Ling Lee v PP [2018] SGHC 18 opposite direction.

The green traffic signal for turning traffic at the junction had not lit up in her favour although the traffic lights were showing green for vehicles proceeding straight. As she executed the right turn, she collided into the victim who had the right of way. According to the Statement of Facts (“SOF”), the front right portion of her car collided into the front left portion of the victim’s motorcycle.

The victim’s motorcycle skidded and the victim was thrown a short distance away and was injured as a result. The appellant stopped her car and rendered assistance to the victim

 

[songsongjurong]

court judgment

 

[Froggy]

This is preposterous, how could an MP even write such a letter?

 

[rectmobile]

Women can't drive.

 

[sweetiepie]

my uncle say like that also must jail then many drivers should be in jail just that they have not hit anyone.

 

[sweetiepie]

my uncle say like that also must jail then many drivers should be in jail just that they have not hit anyone.

my uncle also say the law should change to assessing the wealth of the drivers. he say firstly no one would want to hit someone (unless is a bloodshed enemy) so when they hit means is reckless so he say now is where the wealth thing comes into picture. he say for a poor person fine them heavily is a big punishment whereas a wealthy person have to jail them.

 

[Scrooball (clone)]

Nowadays u see motorcyclists asking for it. Weaving in and out between vehicles at high speeds. It's almost like they have a death wish.

 

[borom]

How about e scooters or so called PMD that terrorises our walkways , pavements and even shopping malls-they get away scot free on knocking down people.?

 

[eatshitndie]

the number that sticks out in this story is 69 days warded in hospital. ah neh must have enough time to check out all the pinay nurses.

 

[songsongjurong]

guess the MP...assisting the reckless cunt Tang Ling Lee to hookwinked judge and downplay severity of accident to mere 'brush against motorcycle"...