Cai Mei Ying v Public Prosecutor: Appeal Against Sentence for Negligent Cycling Resulting in Grievous Hurt

Cai Mei Ying appealed against the sentence imposed by the District Judge for a charge under s 338(b) of the Penal Code for causing grievous hurt by doing an act so negligently as to endanger the personal safety of others. The High Court, presided over by Aedit Abdullah J, dismissed the appeal, upholding the original sentence of two weeks' imprisonment. The appellant had collided with an elderly lady while cycling in a market compound where cycling was prohibited, resulting in a fracture requiring surgical correction. The court emphasized the need for general deterrence given the rise in bicycle and personal mobility device-related accidents.

1. Case Overview

1.1 Court

High Court of the Republic of Singapore

1.2 Outcome

Appeal dismissed.

1.3 Case Type

Criminal

1.4 Judgment Type

Ex Tempore Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Appeal against sentence for negligent cycling resulting in grievous hurt. The High Court dismissed the appeal, upholding the original sentence of two weeks' imprisonment.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Public ProsecutorRespondentGovernment AgencySentence UpheldWon
Christina Koh of Attorney-General’s Chamber
Tang Shangjun of Attorney-General’s Chamber
Sarah Ong of Attorney-General’s Chamber
Cai Mei YingAppellantIndividualAppeal DismissedLost

3. Judges

Judge NameTitleDelivered Judgment
Aedit AbdullahJudgeYes

4. Counsels

Counsel NameOrganization
Christina KohAttorney-General’s Chamber
Tang ShangjunAttorney-General’s Chamber
Sarah OngAttorney-General’s Chamber
Tang Jin ShengLVM Law Chambers LLC
Lok Vi MingLVM Law Chambers LLC
Walter YongLVM Law Chambers LLC

4. Facts

  1. The appellant cycled in a market compound where cycling was not permitted.
  2. The appellant approached a cross-junction and collided with the victim.
  3. The victim, an elderly lady of about 77 years old, sustained a fracture.
  4. The collision occurred in front of a “No Bicycles” sign.
  5. The appellant knowingly cycled in a narrow and confined area that prohibited cycling.

5. Formal Citations

  1. Cai Mei Ying v Public Prosecutor, Magistrate’s Appeal No 9224 of 2018/02, [2019] SGHC 24

6. Timeline

DateEvent
Hearing date
Judgment date

7. Legal Issues

  1. Negligence
    • Outcome: The court found that the appellant acted negligently, endangering the personal safety of others.
    • Category: Substantive
    • Sub-Issues:
      • Endangering personal safety of others
    • Related Cases:
      • [2018] SGHC 18
  2. Sentencing
    • Outcome: The court upheld the original sentence of two weeks' imprisonment, finding it not manifestly excessive.
    • Category: Procedural
    • Related Cases:
      • [2018] SGHC 18

8. Remedies Sought

  1. Appeal against sentence

9. Cause of Actions

  • Negligence

10. Practice Areas

  • Criminal Appeals

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Tang Ling Lee v Public ProsecutorHigh CourtYes[2018] SGHC 18SingaporeCited for categorization of culpability and harm in sentencing for negligent acts.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Penal Code (Cap 224, 2008 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Negligence
  • Grievous Hurt
  • Cycling
  • Personal Mobility Device
  • Sentencing Framework
  • General Deterrence

15.2 Keywords

  • Negligence
  • Grievous Hurt
  • Cycling
  • Singapore
  • Criminal Law
  • Appeal
  • Sentence

17. Areas of Law

Area NameRelevance Score
Penal Code95
Criminal Law90
Sentencing80
Negligence70
Personal Injury60
Road Traffic Act50
Criminal Procedure40

16. Subjects

  • Criminal Law
  • Negligence
  • Sentencing
  • Transportation Law