Brandon Ng Hai Chong v Public Prosecutor: MTO for Dangerous Driving on AYE due to MDD

Brandon Ng Hai Chong appealed to the High Court of Singapore against his sentence for dangerous driving on the Ayer Rajah Expressway (AYE). The District Court had sentenced him to imprisonment and disqualification from driving. The High Court, with Aedit Abdullah J presiding, allowed the appeal on 25 April 2019, substituting the imprisonment sentence with a 24-month Mandatory Treatment Order (MTO), finding that rehabilitation should be the dominant sentencing principle due to Ng's major depressive disorder (MDD).

1. Case Overview

1.1 Court

High Court of the Republic of Singapore

1.2 Outcome

Appeal Allowed

1.3 Case Type

Criminal

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Brandon Ng Hai Chong appealed his sentence for dangerous driving. The High Court substituted imprisonment with a Mandatory Treatment Order (MTO) due to his MDD.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Public ProsecutorRespondentGovernment AgencyLostLost
Choong Hefeng Gabriel of Attorney-General’s Chambers
Brandon Ng Hai ChongAppellantIndividualAppeal allowed in partPartial

3. Judges

Judge NameTitleDelivered Judgment
Aedit AbdullahJudgeYes

4. Counsels

Counsel NameOrganization
Choong Hefeng GabrielAttorney-General’s Chambers
N SreenivasanStraits Law Practice LLC
Partheban PandiyanStraits Law Practice LLC
Lee Yoon Tet LukeLuke Lee & Co
S BalamuruganStraits Law Practice LLC

4. Facts

  1. Appellant drove against the flow of traffic on the Ayer Rajah Expressway (AYE).
  2. Appellant had consumed three to four glasses of beer prior to driving.
  3. Appellant missed his intended turn and entered the expressway in the wrong direction.
  4. Appellant drove approximately 2km against traffic at an average speed of 50km/h.
  5. At least seven vehicles had to take evasive action to avoid a collision.
  6. Appellant was diagnosed with major depressive disorder (MDD).
  7. Dr. Phang assessed a contributory link between the appellant’s offending behaviour and his mental disorder.

5. Formal Citations

  1. Ng Hai Chong Brandon v Public Prosecutor, , [2019] SGHC 107

6. Timeline

DateEvent
Appellant consumed alcohol at Arena Country Club.
Appellant drove against traffic on Ayer Rajah Expressway.
Dr. Phang prepared a report on appellant's fitness to drive.
Dr. Phang clarified his report in a letter.
Dr. Phang produced an MTO suitability report.
First hearing before Aedit Abdullah J.
Second hearing before Aedit Abdullah J.
Judgment reserved.
Judgment issued.

7. Legal Issues

  1. Appropriateness of Mandatory Treatment Order (MTO)
    • Outcome: The court held that rehabilitation was the dominant sentencing principle and an MTO was appropriate.
    • Category: Substantive
    • Sub-Issues:
      • Dominant sentencing principle
      • Rehabilitative potential
      • General deterrence
      • Specific deterrence
    • Related Cases:
      • [2019] SGHC 14

8. Remedies Sought

  1. Mandatory Treatment Order
  2. High fine
  3. Longer disqualification period

9. Cause of Actions

  • Dangerous Driving

10. Practice Areas

  • Criminal Law
  • Appeals

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Public Prosecutor v Brandon Ng Hai ChongDistrict CourtYes[2018] SGDC 120SingaporeSets out the facts of the case and the District Judge's decision.
Public Prosecutor v Koh Thiam HuatHigh CourtYes[2017] 4 SLR 1099SingaporeCited for the principle that culpability and harm caused are relevant sentencing considerations.
GCX v Public ProsecutorHigh CourtYes[2019] SGHC 14SingaporeCited for the principles guiding the court's decision on whether to order a Mandatory Treatment Order (MTO).
Public Prosecutor v Aw Tai HockHigh CourtYes[2017] 5 SLR 1141SingaporeCited for the 'continuum of harm' analysis in determining the appropriate sentence.
Stansilas Fabian Kester v Public ProsecutorHigh CourtYes[2017] 5 SLR 755SingaporeCited for the principle that the retributive principle applies where hurt and injury results, albeit in the context of drunk driving.
Public Prosecutor v Wong Yew FooHigh CourtYes[2013] 3 SLR 1198SingaporeCited to state that drink driving is aggravating even absent evidence that alcohol contributed to the index offence.
Public Prosecutor v Abdul Hameed s/o Abdul Rahman and anotherCourt of AppealYes[1997] 2 SLR(R) 71SingaporeCited to differentiate between probation orders and community sentences in relation to disqualification orders.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Road Traffic Act (Cap 276, 2004 Rev Ed) s 64(1)Singapore
Criminal Procedure Code (Cap 68, 2012 Rev Ed) s 339(3)Singapore
Criminal Procedure Code (Cap 68, 2012 Rev Ed) s 339(2)Singapore
Criminal Procedure Code (Cap 68, 2012 Rev Ed) s 339(9)Singapore
Road Traffic Act s 42(1)Singapore
Probation of Offenders Act (Cap 252, 1985 Rev Ed) s 11(2)Singapore
Registration of Criminals Act (Cap 268, 1985 Rev Ed) s 7DASingapore

15. Key Terms and Keywords

15.1 Key Terms

  • Mandatory Treatment Order
  • Major Depressive Disorder
  • Dangerous Driving
  • Ayer Rajah Expressway
  • Rehabilitation
  • General Deterrence
  • Specific Deterrence
  • Cognitive normalcy
  • Depressive distractibility

15.2 Keywords

  • Mandatory Treatment Order
  • MTO
  • Dangerous Driving
  • Major Depressive Disorder
  • MDD
  • AYE
  • Singapore
  • Criminal Law
  • Sentencing

17. Areas of Law

Area NameRelevance Score
Mandatory Treatment Order95
Road Traffic Act95
Sentencing90
Criminal Procedure80
Criminal Law75
Psychiatry60
Automobile Accidents40
Personal Injury30

16. Subjects

  • Criminal Law
  • Sentencing
  • Mental Health