Tang Ling Lee v Public Prosecutor: Negligence Causing Grievous Hurt & Sentencing
Tang Ling Lee appealed to the High Court of Singapore against a one-week imprisonment sentence for causing grievous hurt by a negligent act under section 338(b) of the Penal Code. Lee, while driving, made a negligent right turn, colliding with Vikaramen S/O A Elangovan's motorcycle, causing severe injuries. The High Court, presided over by See Kee Oon J, dismissed the appeal, upholding the original sentence, finding moderate to high culpability based on the circumstances of the accident and the severity of the victim's injuries.
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
Appeal against a one-week imprisonment sentence for causing grievous hurt by a negligent act. The High Court dismissed the appeal, finding moderate to high culpability.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Respondent | Government Agency | Sentence Upheld | Won | Houston Johannus of Attorney-General’s Chambers |
| Tang Ling Lee | Appellant | Individual | Appeal Dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| See Kee Oon | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Houston Johannus | Attorney-General’s Chambers |
| Tan Wen Cheng Adrian | August Law Corporation |
| Janus Low | August Law Corporation |
4. Facts
- The appellant made a right turn at a signalized junction.
- The appellant failed to keep a proper lookout for oncoming traffic.
- The appellant collided with a motorcyclist who had the right of way.
- The motorcyclist suffered multiple fractures and required multiple surgeries.
- The appellant was charged under s 338(b) of the Penal Code for causing grievous hurt by a negligent act.
- The traffic light was green for vehicles proceeding straight, but the right-turn green arrow was not lit.
- The appellant did not stop at the right turning pocket to look out for oncoming traffic.
5. Formal Citations
- Tang Ling Lee v Public Prosecutor, Magistrate’s Appeal No 9239 of 2017, [2018] SGHC 18
6. Timeline
| Date | Event |
|---|---|
| Accident occurred at Ang Mo Kio Avenue 8 and Ang Mo Kio Avenue 5 junction | |
| Appellant convicted and disqualified from driving | |
| Hearing date | |
| Hearing date | |
| Appeal dismissed |
7. Legal Issues
- Negligence
- Outcome: The court found the appellant negligent in causing grievous hurt.
- Category: Substantive
- Sub-Issues:
- Failure to keep a proper lookout
- Failure to yield right of way
- Sentencing
- Outcome: The court upheld the one-week imprisonment sentence.
- Category: Procedural
- Sub-Issues:
- Appropriateness of custodial sentence
- Mitigating factors
- Aggravating factors
8. Remedies Sought
- Appeal against sentence of imprisonment
9. Cause of Actions
- Negligence
- Causing Grievous Hurt
10. Practice Areas
- Criminal Appeals
- Traffic Violations
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Public Prosecutor v Tang Ling Lee | District Court | Yes | [2017] SGDC 216 | Singapore | The District Judge's grounds of decision in the lower court were referenced in the appeal. |
| Edwin s/o Suse Nathen v Public Prosecutor | High Court | Yes | [2013] 4 SLR 1139 | Singapore | Cited for factors affecting culpability in dangerous driving offences. |
| Public Prosecutor v Hue An Li | High Court | Yes | [2014] 4 SLR 661 | Singapore | Cited for the dichotomous interpretation of 'negligence' and 'rashness'. |
| Public Prosecutor v Koh Thiam Huat | High Court | Yes | [2017] 4 SLR 1099 | Singapore | Cited for factors affecting culpability in dangerous driving offences. |
| Stansilas Fabian Kester v Public Prosecutor | High Court | Yes | [2017] 5 SLR 755 | Singapore | Cited for factors affecting culpability in dangerous driving offences. |
| Public Prosecutor v Han Peck Hoe | District Court | Yes | [2014] SGDC 58 | Singapore | Cited as a sentencing precedent for s 338(b) offences. |
| Public Prosecutor v Aw Tai Hock | High Court | Yes | [2017] 5 SLR 1141 | Singapore | Cited for factors affecting culpability for dangerous driving offences. |
| Public Prosecutor v Ganesan Sivasankar | High Court | Yes | [2017] 5 SLR 681 | Singapore | Cited regarding presumptive sentencing ranges. |
| PP v Poh Teck Huat | N/A | Yes | [2003] 2 SLR(R) 299 | Singapore | Cited regarding the interpretation of 'negligence' and 'rashness'. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Penal Code (Cap 224, 2008 Rev Ed) s 338(b) | Singapore |
| Road Traffic Act (Cap 276, 2004 Rev Ed) s 64(1) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Negligence
- Grievous Hurt
- Right Turn
- Traffic Junction
- Imprisonment
- Disqualification
- Culpability
- Harm
- Sentencing
- Traffic Signal
- Motorcycle
- Collision
15.2 Keywords
- negligence
- grievous hurt
- traffic accident
- sentencing
- criminal law
- singapore
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Sentencing | 90 |
| Road Traffic Act | 80 |
| Criminal Law | 75 |
| Criminal Procedure | 75 |
| Road Traffic Law | 70 |
| Automobile Accidents | 60 |
| Personal Injury | 50 |
16. Subjects
- Criminal Law
- Traffic Law
- Sentencing