Tiagong in SG drive and accidentally kill maximum 8 yrs prison only

[Orionz]

Motorists responsible for a fatal traffic accident may be charged under one of the following:

1. Causing death by reckless or dangerous driving, under section 64 of the Road Traffic Act; or
2. Causing death by rash or negligent act, under section 304A(a) or (b) of the Penal Code.

Punishment under section 64 of the Road Traffic Act​

Motorists liable under just section 64 of the Road Traffic Act for causing death by dangerous driving are liable for 2 to 8 years’ jail for a first-time offence.

The motorist will also be disqualified for driving for at least 10 years unless the court has special reasons to order a shorter period of disqualification, or no disqualification at all.

Punishment under section 304A of the Penal Code​

Motorist deemed liable under section 304A(a), causing death performing a rash act, may be punished with imprisonment for no longer than 5 years, or with a fine or with both.

Motorist deemed liable under section 304A(b), causing death performing a negligent act may be punished with imprisonment for no longer than 2 years, or with a fine or with both.

The court also has the power to disqualify the motorist from holding or obtaining a driving license for life or for a period the court considers it to be fair to do so.

Zhup: https://singaporelegaladvice.com/law-articles/fatal-traffic-accidents-are-drivers-always-punished/

 

[Orionz]

Singapore does not have the specific offence of ‘vehicular manslaughter’ unlike the United States where in certain states in the country, the offence refers to cases where vehicles are used as a deadly weapon. In these cases, the punishment is similar to that of murder.

In Singapore, we have the offences of culpable homicide and murder, governed by Sections 299 and 300 of the Penal Code (Cap 224) respectively. All murders are culpable homicides, but, subject to 7 exceptions or special defences, one may instead be guilty of culpable homicide not amounting to murder.

What about careless driving and culpable homicide?

A reason why they cannot be equated is because of the definition of culpable homicide:

‘[W]hoever causes death by doing an act with the intention of causing death, or with the intention of causing such bodily injury as is likely to cause death, or with the knowledge that he is likely by such act to cause death, commits the offence of culpable homicide’.

Careless Driving does not involve any of this. The element of ‘carelessness’ denotes the lack of care of the offender that should have been taken by him/her, as would a reasonable person in the same circumstances.

https://asl-law.com.sg/2019/08/04/can-death-caused-by-careless-driving-be-considered-manslaughter/

 

[ilubchiu]

no comments. i no want to lim kopi

 

[Orionz]

no comments. i no want to lim kopi

Why lim kopi? These are facts.

 

[stillgottheblues]

I had not come across traffic offender jailed for 8 years before.

 

[orpisia]

How many edmwers motorists kena before

 

[junjie433]

The best excuse i heard so far is a tree branch.

 

[kimsix]

The best excuse i heard so far is a tree branch.

Always point to the tree branch!

Maybe some background to the tree branch helps!

 

[starmerck]

Motorists responsible for a fatal traffic accident may be charged under one of the following:

1. Causing death by reckless or dangerous driving, under section 64 of the Road Traffic Act; or
2. Causing death by rash or negligent act, under section 304A(a) or (b) of the Penal Code.

Punishment under section 64 of the Road Traffic Act​

Motorists liable under just section 64 of the Road Traffic Act for causing death by dangerous driving are liable for 2 to 8 years’ jail for a first-time offence.

The motorist will also be disqualified for driving for at least 10 years unless the court has special reasons to order a shorter period of disqualification, or no disqualification at all.

Punishment under section 304A of the Penal Code​

Motorist deemed liable under section 304A(a), causing death performing a rash act, may be punished with imprisonment for no longer than 5 years, or with a fine or with both.

Motorist deemed liable under section 304A(b), causing death performing a negligent act may be punished with imprisonment for no longer than 2 years, or with a fine or with both.

The court also has the power to disqualify the motorist from holding or obtaining a driving license for life or for a period the court considers it to be fair to do so.

Zhup: https://singaporelegaladvice.com/law-articles/fatal-traffic-accidents-are-drivers-always-punished/

And why is Orionz so concerned when he is happily living in Germany?

 

[PaprikaSG]

What about DUI ?

 

[DoctorThor]

The WC is more powerful...

 

[Orionz]

The WC is more powerful...

Hard truths tink sinkie moar scare of WC

 

[DoctorThor]

Hard truths tink sinkie moar scare of WC

Very sad and draconian....

In this era in this society...

We are metropolitan...not a wayward village in Nepal

 

[Orionz]

Laws are made by the

by the.....?

 

[Orionz]

 

[Zangief]

the guy who bowling ball the sinkie
guy with his korean gf and parents is 5 yrs.

 

[boredom2012]

Nope. Ah tiong crash kill 3 persons with invalid license, no jail. Just claim you have heart problem, can.

https://www.straitstimes.com/singapore/4-previous-serious-fatal-accidents-in-singapore

 

[sfugel]

Laws are made by the

Laws was passed eons ago when there were less racing and recklessness on the road. These days these kind of unthinkable mindless dangerous complete disregard of innocent human lives A$#&Holes are abound. Hence the need for a change. Manslaughter charge should and must be considered for this instance.

 

[mocax]

will hitman make use of this loophole to hoot their targets?

 

[tank_t]

More interested in the minimum years served.