Raise penalties across the board for motorists who caused death through a negligent act

Contributed by EUNICE LI DAN YUE – 

I am really surprised to read in the Straits Times of 2 recent judgements which concerned motorists who caused death through negligent driving (“2 motorists get fines, driving ban over deaths” (Aug 27) and “Fine and ban for driver who hit pedestrian” (Oct 24).

How can these drivers get away without being handed out a jail term, for killing innocent victims?

Judgement Concerning Motorists Who Caused Death Through a Negligent Act in Other Countries

In Canada and Australia, drivers who caused death through a negligent act are usually given a jail sentence.

In 2009, in Australia, a driver who caused death through a negligent act was sentenced to 14 months in prison. However, as she pleaded guilty early on, before going to trial, thus saving time, a 25 per cent discount was applied, therefore the sentence was reduced to 10 months and 15 days.

In Canada, the harshest penalty ever handed out in the country for criminal negligence in the operation of a motor vehicle causing death was given to a driver in September 2010, when he was sent to prison for 7 years in the killing of 3 teens on Father’s Day the year before.

Loopholes in Our Country, in Cases of Vehicular Homicide

In our country, the current approach to deal with vehicular homicide is restricted to charging the culprit under Section 304A of the Penal Code (causing death by rash or negligent conduct) or Section 66 of the Road Traffic Act.

The maximum penalty under Section 304A is low, with the worst cases carrying a maximum penalty of two years in jail; compared with the penalties imposed under the Road Traffic Act, with a maximum sentence of 5 years.

Given the widely different punishments for the two offences, it warrants notice that the hair-splitting process of driving a fine line between “rash” and “negligent” driving- both falling within the charge under the Penal Code or “reckless” and “dangerous” driving- both falling within the charge under the Road Traffic Act itself, imports much difficulty and ambiguity and leaves considerable room for prosecutorial discretion.

Why Is It These Motorists Need a Harsher Judgement than the Current One Handed Out To Them?

The judgement currently being handed out to those motorists who cause death through negligent act is sending the wrong message to them, with little deterrent effect; and is unfair to the families of the victims, especially when the victim was the sole breadwinner of the family. After the tragic accident, the wife would be widowed and the children would grow up without the support and guidance of a parent, and this will certainly impact their lives significantly.

How Can We Deal with the Loophole in the Current Law?

Thus, I hope that the law may be reformed, particularly by increasing the penalties for Section 304A across the board, to ameliorate the gap in our legislation.

By Eunice Li Dan Yue

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