Thats a funny statement
Her sentence remained the same, and the
$2,000 fine was for her second charge, which
the judge reduced from one of causing grievous
hurt by a rash act to dangerous driving.
Justice Choo, who became a full judge
in 2003 after serving as judicial commissioner
since 1995, said that it was “not right
to increase her jail term to the detriment of
the accused” in lieu of the mistaken fine. He
added that the case “should not be seen as a
precedent”. He did not elaborate.
Lim’s counsel, Mr Subhas Anandan, said
he blamed himself as he had asked the court
for a heavy fine instead of jail, which may have
“misled” the judge. Mr Subhas, who has more
than 30 years of experience, said he felt something
was amiss after the judgment. When he
realised his client could not be fined for the
charge, he called Justice Choo’s secretary.
The judge had ruled
that the nature of the
case “lay in (Lim’s) failure
to keep a lookout”
and a harsh custodial
sentence is warranted
“only when the offender
had endangered the
lives of others in a
rash manner like
speeding”.
Lim committed her offence when she
drove past a red light at the junction of Whitley
and Dunearn roads and knocked into a
motorcycle. The rider, retiree David Pattiselanno,
suffered a compound fracture in his leg
and now needs crutches to move around.
His 24-year-old maid Melania Melaniawati,
who was riding pillion and had
arrived in Singapore one week before the
accident, died from injuries sustained in
the collision.
Justice Choo said: “A rash act should be
distinguished from a negligent act in the state
of mind of the accused ... It appears that (Lim)
did not know that the light was red against
her and the motorcyclist had moved.”
He added: “Careless driving may well
be dangerous though not all careless driving
is dangerous driving.” While the court “does
not attempt to lay down what is and what
is not dangerous driving”, it must consider
the danger posed to other road users “in the
prevailing circumstances”.
Justice Choo said that in the trial before
the district courts last July, the prosecution
“was not trying to prove the accused was
speeding or beat a red light intentionally. Their
case is that the accident happened because the
accused failed to keep a lookout.” In his opinion,
Lim was “more negligent than rash”.
She is banned from holding or obtaining
a driving licence for any vehicle class for 10
years. Mr Subhas said Lim, who was calm and
composed during the judgment, will donate
the $10,000 returned to her to charity
Her sentence remained the same, and the
$2,000 fine was for her second charge, which
the judge reduced from one of causing grievous
hurt by a rash act to dangerous driving.
Justice Choo, who became a full judge
in 2003 after serving as judicial commissioner
since 1995, said that it was “not right
to increase her jail term to the detriment of
the accused” in lieu of the mistaken fine. He
added that the case “should not be seen as a
precedent”. He did not elaborate.
Lim’s counsel, Mr Subhas Anandan, said
he blamed himself as he had asked the court
for a heavy fine instead of jail, which may have
“misled” the judge. Mr Subhas, who has more
than 30 years of experience, said he felt something
was amiss after the judgment. When he
realised his client could not be fined for the
charge, he called Justice Choo’s secretary.
The judge had ruled
that the nature of the
case “lay in (Lim’s) failure
to keep a lookout”
and a harsh custodial
sentence is warranted
“only when the offender
had endangered the
lives of others in a
rash manner like
speeding”.
Lim committed her offence when she
drove past a red light at the junction of Whitley
and Dunearn roads and knocked into a
motorcycle. The rider, retiree David Pattiselanno,
suffered a compound fracture in his leg
and now needs crutches to move around.
His 24-year-old maid Melania Melaniawati,
who was riding pillion and had
arrived in Singapore one week before the
accident, died from injuries sustained in
the collision.
Justice Choo said: “A rash act should be
distinguished from a negligent act in the state
of mind of the accused ... It appears that (Lim)
did not know that the light was red against
her and the motorcyclist had moved.”
He added: “Careless driving may well
be dangerous though not all careless driving
is dangerous driving.” While the court “does
not attempt to lay down what is and what
is not dangerous driving”, it must consider
the danger posed to other road users “in the
prevailing circumstances”.
Justice Choo said that in the trial before
the district courts last July, the prosecution
“was not trying to prove the accused was
speeding or beat a red light intentionally. Their
case is that the accident happened because the
accused failed to keep a lookout.” In his opinion,
Lim was “more negligent than rash”.
She is banned from holding or obtaining
a driving licence for any vehicle class for 10
years. Mr Subhas said Lim, who was calm and
composed during the judgment, will donate
the $10,000 returned to her to charity
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