Aquaro Massimo v Public Prosecutor: Driving Under Disqualification & Motorcycle Use
In Aquaro Massimo v Public Prosecutor, the High Court of Singapore heard an appeal against the sentence imposed on Aquaro Massimo for driving under disqualification and without insurance. The appellant, a restaurateur, was initially sentenced to five weeks' imprisonment and a four-year disqualification for driving a motorcycle while disqualified, and a fine for driving without insurance. The High Court, considering the circumstances and the fact that a motorcycle was involved, reduced the imprisonment term to two weeks, while leaving the other terms undisturbed.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeal allowed in part.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Aquaro Massimo appealed his sentence for driving under disqualification. The High Court reduced his imprisonment term, considering the motorcycle use and mitigating circumstances.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Respondent | Government Agency | Appeal partially successful | Partial | April Phang of Attorney-General’s Chambers |
| Aquaro Massimo | Appellant | Individual | Appeal allowed in part | Partial |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | J | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| April Phang | Attorney-General’s Chambers |
| Lim Yong | Lim Hua Yong & Co |
4. Facts
- The appellant was disqualified from driving for two years, effective from 26 November 2008.
- On 29 July 2010, the appellant was arrested for riding a motorcycle.
- The appellant pleaded guilty to driving under disqualification and without insurance.
- The appellant was sentenced to five weeks' imprisonment and four years' disqualification for the first charge.
- The appellant was also fined $500 for the second charge of riding without insurance.
- The appellant rode his brother's motorcycle because his daughter was distressed and had locked herself in the bathroom.
5. Formal Citations
- Aquaro Massimo v Public Prosecutor, Magistrate's Appeal No 211 of 2011, [2012] SGHC 6
6. Timeline
| Date | Event |
|---|---|
| Disqualification order took effect | |
| Appellant arrested for riding a motorcycle | |
| Appellant started a restaurant | |
| Disqualification order was to expire | |
| Judgment Date |
7. Legal Issues
- Driving Under Disqualification
- Outcome: The court reduced the term of imprisonment, considering the circumstances and the fact that a motorcycle was involved.
- Category: Substantive
8. Remedies Sought
- Appeal against sentence
9. Cause of Actions
- Driving Under Disqualification
- Driving Without Insurance
10. Practice Areas
- Criminal Appeals
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Fazil bin Azman | Singapore District Court | Yes | [2010] SGDC 186 | Singapore | Cited as a case involving a motorcycle, but distinguished due to the rider being involved in a collision. |
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 |
15. Key Terms and Keywords
15.1 Key Terms
- Driving under disqualification
- Motorcycle
- Imprisonment
- Disqualification order
- Mitigating circumstances
15.2 Keywords
- Driving under disqualification
- Motorcycle
- Criminal appeal
- Singapore
- Road Traffic Act
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Road Traffic Act | 90 |
| Automobile Accidents | 50 |
| Criminal Procedure | 30 |
16. Subjects
- Criminal Law
- Transportation Law