Fam Shey Yee v Public Prosecutor: Driving Under Disqualification and Third-Party Insurance
In Fam Shey Yee v Public Prosecutor, the High Court of Singapore heard an appeal by Fam Shey Yee against his sentence for driving under disqualification and a related criminal revision. The appellant had previously pleaded guilty in the District Court to driving while disqualified and without third-party insurance. Chan Sek Keong CJ dismissed both the criminal revision and the appeal, finding no basis to overturn the original conviction or the imposed sentence.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeal dismissed
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Fam Shey Yee appealed against his sentence for driving under disqualification. The High Court dismissed his appeal and criminal revision, upholding the sentence.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Respondent | Government Agency | Appeal dismissed | Won | Charlene Tay Chia of Attorney-General’s Chambers |
| Fam Shey Yee | Appellant | Individual | Appeal dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Chan Sek Keong | Chief Justice | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Charlene Tay Chia | Attorney-General’s Chambers |
| Udeh Kumar s/o Sethuraju | S K Kumar Law Practice LLP |
4. Facts
- The appellant pleaded guilty to driving under disqualification.
- The appellant pleaded guilty to driving without third-party insurance.
- The appellant was previously disqualified for failing to provide a breath specimen.
- The appellant claimed he had a reasonable excuse for failing to provide a breath specimen due to an asthmatic attack.
- The appellant's medical reports were submitted as evidence of his asthmatic condition.
- The appellant was sentenced to six weeks’ imprisonment for driving under disqualification.
- The appellant was fined $500 for driving without third-party insurance.
5. Formal Citations
- Fam Shey Yee v Public Prosecutor, , [2012] SGHC 134
- Fam Shey Yee v Public Prosecutor, 33 of 2012, Magistrate's Appeal No 33 of 2012
- Fam Shey Yee v Public Prosecutor, 30 of 2012, Criminal Motion No 30 of 2012
- Fam Shey Yee v Public Prosecutor, 5 of 2012, Criminal Revision No 5 of 2012
- Fam Shey Yee, 39929 of 2010, District Arrest Case No 39929 of 2010
6. Timeline
| Date | Event |
|---|---|
| Appellant pleaded guilty to failing to provide a breath specimen in District Arrest Case No 39929 of 2010. | |
| Appellant drove along Crawford Street while under disqualification and without third-party insurance. | |
| Appellant filed Criminal Motion No 30 of 2012. | |
| Appellant filed Criminal Revision No 5 of 2012. | |
| Judgment reserved. |
7. Legal Issues
- Driving Under Disqualification
- Outcome: The court upheld the sentence for driving under disqualification.
- Category: Substantive
- Failure to Provide Breath Specimen
- Outcome: The court found no basis for a criminal revision of the appellant’s conviction for failing to provide a breath specimen.
- Category: Substantive
- Third-Party Insurance Coverage
- Outcome: The court noted the appellant was also charged with driving without third-party insurance coverage.
- Category: Substantive
- Interpretation of Statutes
- Outcome: The court disagreed with the High Court's decision in Madiaalakan s/o Muthusamy v Public Prosecutor [2001] 3 SLR(R) 580, holding that a conviction under s 70(4)(a) should not be treated as a substantive conviction under s 67 for all purposes.
- Category: Procedural
- Related Cases:
- [2001] 3 SLR(R) 580
8. Remedies Sought
- Appeal against sentence
- Criminal Revision of conviction
9. Cause of Actions
- Driving Under Disqualification
- Driving Without Third-Party Insurance
10. Practice Areas
- Criminal Appeals
- Traffic Violations
11. Industries
- Transportation
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Mohamed Hiraz Hassim v Public Prosecutor | High Court | Yes | [2005] 1 SLR(R) 622 | Singapore | Cited for the principle that the court will not exercise its revisionary power except where the conviction is illegal or where there is serious injustice. |
| Yunani bin Abdul Hamid v Public Prosecutor | High Court | Yes | [2008] 3 SLR(R) 383 | Singapore | Cited for the principle that the court will not exercise its revisionary power except where the conviction is illegal or where there is serious injustice. |
| Thong Sing Hock v Public Prosecutor | High Court | Yes | [2009] 3 SLR(R) 47 | Singapore | Cited for the principle that the court will not exercise its revisionary power except where the conviction is illegal or where there is serious injustice. |
| Madiaalakan s/o Muthusamy v Public Prosecutor | High Court | Yes | [2001] 3 SLR(R) 580 | Singapore | Cited regarding whether a prior conviction under the then equivalent of s 70(4)(a) ought to be treated as a conviction under the then equivalent of s 67 for the purposes of determining whether the accused was a repeat offender under the latter provision; the court disagreed with the reasoning in this case. |
| Chong Pit Khai v Public Prosecutor | High Court | Yes | [2009] 3 SLR(R) 423 | Singapore | Cited by the appellant's counsel to argue that the culpability of the appellant in DAC 39929/2010 was low because he had been medically handicapped from providing a breath specimen; the court distinguished the facts in this case from those in the present case. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Road Traffic Act (Cap 276, 2004 Rev Ed) s 43(4) | Singapore |
| Motor Vehicles (Third-Party Risks and Compensation) Act (Cap 189, 2000 Rev Ed) s 3(1) | Singapore |
| Road Traffic Act (Cap 276, 2004 Rev Ed) s 70(4)(a) | Singapore |
| Road Traffic Act (Cap 276, 2004 Rev Ed) s 67 | Singapore |
| Road Traffic Act (Cap 276, 2004 Rev Ed) s 68(4) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Driving under disqualification
- Third-party insurance
- Breath specimen
- Reasonable excuse
- Criminal revision
- Disqualification order
- Road Traffic Act
15.2 Keywords
- driving under disqualification
- third-party insurance
- breath specimen
- criminal revision
- road traffic act
- singapore
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Road Traffic Act | 90 |
| Criminal Procedure | 60 |
| Sentencing | 50 |
| Administrative Law | 30 |
16. Subjects
- Road Traffic Offences
- Criminal Procedure