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Types Of Severe Traffic Offences And Sentencing Guidelines

Dec 20, 2023

Traffic Offences

Traffic offences are some of the most common offences in Singapore. In fact, most would be familiar with some minor traffic offences – such as parking violations and minor speeding violations. An offender who has committed such a minor traffic offence will generally be imposed with a fine. Often, the offender would not have to go to Court to pay the fine. He can simply pay the fine online or through an AXS machine. Once the fine is paid, that is the end of the matter.

This short article will discuss the more severe traffic offences – offences which could involve a custodial term and criminal lawyers. The following traffic offences will be discussed:

a. Drink Driving;

b. Reckless or Dangerous Driving; and

c. Driving without due care or reasonable consideration

Drink Driving

The offence of drink driving is defined under Section 67 of the Road Traffic Act (RTA), the relevant portions of which read as follows:

Any person who, when driving or attempting to drive a motor vehicle on a road or other public place —

a. is unfit to drive in that he or she is under the influence of drink or of a drug or an intoxicating substance to such an extent as to be incapable of having proper control of the vehicle; or

b. has so much alcohol in his or her body that the proportion of it in his or her breath or blood exceeds the prescribed limit,…”

The legal limit for alcohol in a person’s body is 35mg of alcohol per 100 ml of breath or 80mg of alcohol per 100 ml of blood (see Section 72 of the RTA). However, it is not necessary for the legal limit of alcohol to be exceeded for a person to be guilty of an offence of drink driving. As is apparent from Section 67 of the RTA, a person can be guilty of an offence of drink driving as long as he is under the influence of drink to such an extent “as to be incapable of having proper control of the vehicle”.

The punishment for drink driving is set out in Section 67 of the RTA. A first-time offender who is convicted of drink driving will be liable to:

a. A fine of not less than $2,000 and not more than $10,000 OR to imprisonment for a term not exceeding 12 months OR to both; AND

b. 2 years disqualification from holding or obtaining a driving license.

The prescribed punishment for a repeat offender is, of course, higher. Under Section 67 of the RTA, a repeat offender who is convicted of drink driving will be liable to:

a. A fine of not less than $5,000 and not more than $20,000 AND to imprisonment for a term not exceeding 2 years; AND

b. 5 years disqualification from holding or obtaining a driving license.

Sentencing Guideline for Drink Driving

The sentence for drink driving will first depend on whether any harm to person or property was caused. If no such harm had resulted, the following sentencing framework (which sets out the neutral starting sentencing point based on the relative seriousness of the offence and considering only the level of alcohol in the offender’s body) will be instructive:

Level of Alcohol (μg per 100ml of breath)Range of FinesRange of Disqualification
36 – 54$2,000 – $4,00024 – 30 months
55 – 69$4,000 – $6,00030 – 36 months
70 – 89$6,000 – $8,00036 – 48 months
≥ 90$8,000 – $10,00048 – 60 months (or longer)

If harm to person or property was caused by an offence of drink driving, the offender can expect to face much stiffer punishment. The Court will first consider the harm caused by the offence, and the culpability of the offender:

Harm CausedDescription
SlightSlight or moderate property damage and/or slight physical injury characterised by no hospitalisation or medical leave
Moderateserious property damage and/or moderate personal injury characterised by hospitalisation or medical leave but no fractures or permanent injuries
Seriousserious personal injury usually involving fractures, including injuries which are permanent in nature and/or which necessitate significant surgical procedures
Very seriousloss of limb, sight or hearing or life; or paralysis.
CulpabilityDescription
Lowlow alcohol level and no evidence of dangerous driving behaviour
Mediummoderate to high alcohol level or dangerous driving behaviour
HighHigh alcohol level and dangerous driving behaviour

Based on the harm and culpability levels, the Court will then fashion the appropriate sentence. The following guidelines will apply:

a. a term of imprisonment of between 8 and 12 months in cases of very serious harm and high culpability;

b. a term of imprisonment of between 4 and 8 months in cases of serious harm and high culpability or of very serious harm and medium culpability;

c. a term of imprisonment of between 2 and 4 months in cases of moderate harm and high culpability, of serious harm and medium culpability, of very serious harm and low culpability or of slight harm and high culpability; and

d. a term of imprisonment of up to 2 months in cases involving any other combinations of the degrees of harm and culpability identified.

Reckless or Dangerous Driving

The offence of reckless or dangerous driving is substantially expounded upon in Section 64 of the RTA. The offence creating provision is Section 64(1) of the RTA, which reads as follows:

If any person drives a motor vehicle on a road recklessly, or at a speed or in a manner which is dangerous to the public, having regard to all the circumstances of the case, including the nature, condition and use of the road, and the amount of traffic which is actually at the time, or which might reasonably be expected to be, on the road, the person (called the offender) shall be guilty of an offence.

Sentencing guideline

The sentence for an offence of reckless or dangerous driving is dependent on the harm caused. The following is a summary of the different levels of harm caused and the corresponding punishment:

a. If death is caused: imprisonment for a term of not less than 2 years and not more than 8 years AND 10 years disqualification from holding or obtaining a driving license.

b. If grievous hurt is caused: imprisonment for a term of not less than one year and not more than 5 years AND 8 years disqualification from holding or obtaining a driving license.

c. If hurt is caused: liable to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both.

d. In any other case: liable to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.

It should be noted that the above punishments are only applicable to a first-time offender who was not driving under the influence of drink. If an offender had committed an offence of reckless or dangerous driving whilst under the influence of alcohol, the offender can expect to face harsher punishment. Such an offender is also known as a “serious offender”.

For example, if a serious offender had caused the death of a person by way of reckless or dangerous driving, he will be liable to: an imprisonment term of not less than 2 years and not more than 8 years, AND IN ADDITION, an imprisonment term of not less than 1 year and not more than 2 years AND disqualification of 12 years from holding or obtaining a driving license.

How does a Court determine the appropriate sentence? First, the Court will consider the following non-exhaustive factors:

a. Serious potential harm – for instance, the volume of traffic or number of pedestrians.

b. Serious property damage – the amount of any loss or damage may serve as a proxy indicator of harm.

c. High alcohol level in the accused’s blood or breath.

d. An offender’s reason/motivation for driving.

e. Increased culpability – excessive speeding and/or deliberate dangerous driving (for instance “hell riding”).

The Court will then, based on the aforementioned factors, place the offence in a sentencing band. The High Court has formulated a sentencing band in respect of an offence under Section 64(2C)(a) of the RTA read with Section 64(2C)(c) (i.e., where a serious offender has committed an act of reckless or dangerous driving and where no death, grievous hurt, or hurt is caused):

a. Band 1: A fine of between $2,000 and $15,000 and/or up to one month’s imprisonment and a disqualification period of two to three years.

b. Band 2: Between one month’s and one year’s imprisonment and a disqualification period of three to four years.

c. Band 3: Between one year’s and two years’ imprisonment and a disqualification period of four to five years.

After placing the offence in a particular band, the Court will then adjust the starting sentence based on factors such as the offender’s antecedents (or lack thereof), the offender’s genuine remorse, the offender’s youth.

Driving without due care or reasonable consideration

The offence of driving without due care or reasonable consideration is substantially expounded upon in Section 65 of the RTA.

The offence creating provision is Section 65(1) of the RTA, which reads as follows:

If any person drives a motor vehicle on a road —

a. without due care and attention; or

b. without reasonable consideration for other persons using the road,

the person (called the offender) shall be guilty of an offence.

Sentencing guideline

Much like the offence of reckless or dangerous driving under Section 64 of the RTA, the punishment for an offence of driving without due care or reasonable consideration is largely predicated on the harm caused. The following is a summary of the different levels of harm caused and the corresponding punishment:

a. If death is caused: liable to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both AND 8 years disqualification from holding or obtaining a driving license.

b. If grievous hurt is caused: liable to a fine not exceeding $5,000 or to imprisonment for a term of not exceeding 2 years or to both AND 5 years disqualification from holding or obtaining a driving license.

c. If hurt is caused: liable to a fine not exceeding $2,500 or to imprisonment for a term not exceeding 12 months or to both.

d. In any other case: liable to a fine not exceeding $1,500 or to imprisonment for a term not exceeding 6 months or to both.

It should be noted that the above punishments are only applicable to a first-time offender who was not driving under the influence of drink. If an offender had committed an offence of driving without due care or reasonable consideration whilst under the influence of alcohol, the offender can expect to face harsher punishment. Such an offender is also known as a “serious offender”.

For example, if a serious offender had caused the death of a person by way of driving without due care or reasonable consideration, he will be liable to: a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both, AND IN ADDITION, an imprisonment term not exceeding 2 years AND disqualification of 10 years from holding or obtaining a driving license.

The forecited sentencing considerations in relation to reckless or dangerous driving will apply equally to an offence of driving without due care or reasonable consideration.

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