Lim Hsien Hwei v Public Prosecutor: Drink-Driving Offence and Disqualification Period Appeal
Lim Hsien Hwei appealed to the High Court of Singapore against the sentence imposed by the district judge for a drink-driving offence under s 67(1)(b) of the Road Traffic Act. The High Court, with Chao Hick Tin JA presiding, allowed the appeal in part, reducing the disqualification period from three years to two years. The court clarified the principles for sentencing when considering related offences, particularly when the related offence does not carry a disqualification order.
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
Appeal against sentence for drink-driving. The High Court reduced the disqualification period, clarifying principles for sentencing with related offences.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Lim Hsien Hwei | Appellant | Individual | Appeal allowed in part | Partial | Au-Yong Kok Keong Kenneth, Lim Yue Chuan |
| Public Prosecutor | Respondent | Government Agency | Appeal partially unsuccessful | Partial | Sharmila Sripathy-Shanaz |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Chao Hick Tin | Justice of the Court of Appeal | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Au-Yong Kok Keong Kenneth | Ramdas & Wong |
| Lim Yue Chuan | Ramdas & Wong |
| Sharmila Sripathy-Shanaz | Attorney-General's Chambers |
4. Facts
- Appellant was stopped by police at about 5.01am on 6 May 2012 along Keppel Road.
- Appellant smelled strongly of alcohol, had bloodshot eyes, and a flushed face.
- Appellant was unable to complete a breathalyser test due to shortness of breath.
- Blood test revealed 150 mg of ethanol in every 100 ml of blood.
- This was 1.875 times the prescribed limit of 80 mg of alcohol in every 100 ml of blood.
- Appellant was also charged with failing to comply with traffic directions.
- Appellant made a left turn from a lane which permitted only a right turn.
5. Formal Citations
- Lim Hsien Hwei v Public Prosecutor, Magistrate's Appeal No 175 of 2013, [2014] SGHC 63
- Public Prosecutor v Lim Hsien Hwei, , [2013] SGDC 238
6. Timeline
| Date | Event |
|---|---|
| Appellant stopped by police officers | |
| Appellant arrested and brought to Changi General Hospital | |
| Health Sciences Authority report issued | |
| Date of conviction in District Court | |
| High Court decision on appeal | |
| Deputy Public Prosecutor wrote to the court |
7. Legal Issues
- Drink-Driving Offence
- Outcome: The court reduced the disqualification period from three years to two years.
- Category: Substantive
- Related Cases:
- [2013] 4 SLR 1139
- Directional Offence
- Outcome: The court clarified that the Directional Offence should not affect the length of the disqualification period imposed for the Drink-driving Offence.
- Category: Substantive
- Sentencing Principles
- Outcome: The court clarified the principles for sentencing when considering related offences, particularly when the related offence does not carry a disqualification order.
- Category: Procedural
- Related Cases:
- [2013] 4 SLR 1139
8. Remedies Sought
- Reduction of disqualification period
9. Cause of Actions
- Drink-driving Offence
- Failure to comply with traffic directions
10. Practice Areas
- Criminal Appeals
- Traffic Violations
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Edwin s/o Suse Nathen v Public Prosecutor | High Court | Yes | [2013] 4 SLR 1139 | Singapore | Laid down sentencing guidelines for first-time offenders under s 67(1)(b) of the Road Traffic Act. |
| Public Prosecutor v Ong Yeng Fong | District Court | No | [2012] SGDC 339 | Singapore | Cited as a guide for sentencing a drink-driving offender with an alcohol level of 1.66 times the prescribed limit. |
| Public Prosecutor v Cheong Hock Lai and other appeals | Court of Appeal | No | [2004] 3 SLR(R) 203 | Singapore | Cited for trite principles of appellate intervention on sentencing. |
| Public Prosecutor v Mok Ping Wuen Maurice | High Court | Yes | [1998] 3 SLR(R) 439 | Singapore | Cited regarding the effect of taking into consideration outstanding offences for sentencing purposes. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Road Traffic Act (Cap 276, 2004 Rev Ed) s 67(1)(b) | Singapore |
| Road Traffic Act (Cap 276, 2004 Rev Ed) s 72 | Singapore |
| Road Traffic Act s 120(4) | Singapore |
| Road Traffic Act s 42(1) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Drink-driving
- Disqualification period
- Road Traffic Act
- Sentencing guidelines
- Directional Offence
- Breathalyser test
- Blood test
- Traffic directions
- Traffic signs
15.2 Keywords
- drink driving
- disqualification
- traffic offence
- sentencing
- appeal
16. Subjects
- Criminal Law
- Traffic Law
- Sentencing
17. Areas of Law
- Criminal Law
- Road Traffic Law
- Sentencing Guidelines