Lu Shun v Public Prosecutor: Negligent Driving Causing Grievous Hurt

Lu Shun appealed to the High Court of Singapore against his conviction in Magistrate's Court for causing grievous hurt by negligent driving under s 338(b) of the Penal Code. The incident occurred on 30 November 2018, when Lu Shun, driving a van, collided with Samynathan Balakrishnan's motorcycle on the Kranji Expressway. The High Court, presided over by See Kee Oon J, dismissed the appeal, finding no errors in the trial judge's assessment of facts and credibility of witnesses.

1. Case Overview

1.1 Court

General Division of the High Court

1.2 Outcome

Appeal Dismissed

1.3 Case Type

Criminal

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Lu Shun appeals conviction for negligent driving causing grievous hurt. The High Court dismisses the appeal, finding no errors in the trial judge's assessment.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Public ProsecutorRespondentGovernment AgencyAppeal DismissedWon
Loo Yu Hao of Attorney-General’s Chambers
Adrian Chong Yong of Attorney-General’s Chambers
Lu ShunAppellantIndividualAppeal DismissedLost

3. Judges

Judge NameTitleDelivered Judgment
See Kee OonJudge of the High CourtYes

4. Counsels

Counsel NameOrganization
Loo Yu HaoAttorney-General’s Chambers
Adrian Chong YongAttorney-General’s Chambers

4. Facts

  1. Appellant was driving a commercial van on the Kranji Expressway.
  2. Appellant was using GPS and unfamiliar with the route.
  3. Appellant attempted to filter left from lane 2 to lane 1 to exit into Sungei Tengah Road.
  4. Victim, riding a motorcycle in lane 2, collided with the appellant's van.
  5. Victim suffered multiple rib, skull, and facial fractures.
  6. Appellant admitted he did not check his blind spot.
  7. Independent eyewitness testified the appellant cut across lanes at the last moment.

5. Formal Citations

  1. Lu Shun v Public Prosecutor, Magistrate’s Appeal No 9529 of 2020, [2021] SGHC 74
  2. Public Prosecutor v Lu Shun, , [2020] SGMC 43

6. Timeline

DateEvent
Accident occurred on Kranji Expressway
Victim hospitalized
Victim discharged from hospital
End of victim's hospitalization leave
Trial judge’s grounds of decision reported as Public Prosecutor v Lu Shun [2020] SGMC 43
Appeal dismissed with oral remarks
Full reasons for decision set out

7. Legal Issues

  1. Negligence
    • Outcome: The court found the appellant negligent in his driving, leading to the accident.
    • Category: Substantive
    • Sub-Issues:
      • Failure to keep a proper lookout
      • Failure to check blind spot
  2. Sentencing
    • Outcome: The court upheld the sentence of 12 days’ imprisonment and 20 months’ disqualification from driving.
    • Category: Procedural
    • Related Cases:
      • [2018] 4 SLR 813

8. Remedies Sought

  1. Appeal against conviction
  2. Appeal against sentence

9. Cause of Actions

  • Causing grievous hurt by negligent driving

10. Practice Areas

  • Criminal Appeals
  • Traffic Violations

11. Industries

  • Transportation
  • Delivery Services

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
ADF v Public Prosecutor and another appealHigh CourtYes[2010] 1 SLR 874SingaporeCited for the principle that an appellate court should be slow to disturb a trial judge’s findings of fact that hinge on the trial judge’s assessment of the witnesses’ credibility and demeanour.
Tang Ling Lee v Public ProsecutorHigh CourtYes[2018] 4 SLR 813SingaporeCited for the analytical framework with respect to road traffic cases under s 338(b) of the Penal Code.
Browne v DunnN/ANo(1893) 6 R 67N/ACited regarding the rule in Browne v Dunn.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Penal Code (Cap 224, 2008 Rev Ed)Singapore
Criminal Procedure Code (Cap 68, 2012 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Negligent driving
  • Grievous hurt
  • Blind spot
  • Kranji Expressway
  • Filtering lanes
  • Sungei Tengah Road

15.2 Keywords

  • negligence
  • driving
  • grievous hurt
  • traffic accident
  • appeal

17. Areas of Law

Area NameRelevance Score
Penal Code80
Criminal Law75
Sentencing75
Criminal Procedure75
Automobile Accidents60
Negligence60
Personal Injury50
Evidence40

16. Subjects

  • Criminal Law
  • Road Traffic Accidents