Recently proposed amendments to road traffic laws exhibit a watershed shift from mandatory minimum sentences and disqualification of licenses to granting greater judicial discretion in sentencing first-time and repeat offenders. Courts have long acknowledged that it is imperative to balance the principles of deterrence, proportionality and rehabilitation among others. Sentencing discretion should not be misconstrued as an inconsistent and disparate “lottery of justice”. Chief Justice Sundaresh Menon has affirmed that the use of sentencing frameworks to guide the discretionary exercise has enhanced consistency, coherence and transparency in sentencing decisions. Since 2007, Singapore has witnessed a shift away from mandatory sentences and a “move towards greater discretion to the courts”. This flexibility allows for calibration of the sentence, specific to the offence and the offender, while ensuring the core aims of sentencing are met.
Some of the legislative changes that are anticipated include:
(a) Removing the mandatory minimum sentence and disqualification period for first-time dangerous or careless driving offenders;
(b) Lowering the mandatory minimum sentence for repeat offenders;
and (c) Rationalize certain offences according to the harm caused by the driver of a motor vehicle.
In the past week, even under the current regime, drivers have had their sentences substantially adjusted from jail terms to fines, on appeal. In one case of a charge of careless driving, the High Court exercised its discretion and held that the custodial threshold was not crossed in view of the minimal property damage caused. In another case, also for careless driving, at the Magistrate’s Appeal level, the sentence was substituted with a fine because the property damage caused was not significant.
Based on our experience with criminal matters, factors that the Court will likely consider include offender-specific factors such as history of recalcitrance and propensity to flout traffic rules as well as offence-specific factors such as the alcohol level consumed. Aggravating and mitigating factors will also continue to be relevant.
Our Expertise
Considering the proposed legislative amendments above, the strength of your defence lies in having expert legal counsel that can put forth your case persuasively for a favourable outcome, especially on appeal. Managing Director and Lead Counsel, Shobna Chandran has extensive trial and appellate advocacy experience, including in criminal defence matters. She was recognized as one of the top lawyers under 40 by Singapore Business Review in 2017 and commended as “Litigation Star” by Benchmark Asia Pacific in 2023 and 2024. To this end, SC LLC is committed to excellence and will provide you with the fearless advocacy needed to put forth your best defence.
Your defence matters. Let us craft a strategy tailored to your case—contact us now!
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