Fan Lei v Public Prosecutor: Appeal on Sentence for Careless Driving under Road Traffic Act
Fan Lei appealed to the General Division of the High Court of Singapore against the sentence imposed by the District Judge for a charge of careless driving under s 65(1)(b) of the Road Traffic Act. The High Court, presided over by Justice Aidan Xu, heard the appeal on 4 October 2024 and delivered the judgment on 30 October 2024. The primary legal issue was the appropriateness of the imprisonment sentence given the circumstances of the offense. The High Court allowed the appeal, replacing the imprisonment sentence with a fine of $8,000, while maintaining the disqualification and prohibition period.
1. Case Overview
1.1 Court
General Division of the High Court of the Republic of Singapore1.2 Outcome
Appeal Allowed
1.3 Case Type
Criminal
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Appeal regarding the appropriate sentence for careless driving under s 65(1)(b) of the Road Traffic Act. The court allowed the appeal, replacing imprisonment with a fine.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Respondent | Government Agency | Appeal Lost | Lost | Sruthi Boppana of Attorney-General’s Chambers Clara Low of Attorney-General’s Chambers |
| Fan Lei | Appellant | Individual | Appeal Allowed | Won |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Aidan Xu | Judge of the High Court | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Sruthi Boppana | Attorney-General’s Chambers |
| Clara Low | Attorney-General’s Chambers |
| Sankar s/o Kailasa Thevar Saminathan | Sterling Law Corporation |
| Tessa Low Wen Xin | Sterling Law Corporation |
4. Facts
- The appellant was convicted of driving without reasonable consideration under s 65(1)(b) of the Road Traffic Act.
- The appellant was also convicted of drink driving under s 67 of the Road Traffic Act.
- The proportion of alcohol in the appellant’s breath was 43 microgrammes of alcohol in every 100ml of breath.
- The appellant drove for a distance of 17 km.
- There were scratches to the victim’s car, and the cover of the side mirror had been ripped off, with damages amounting to $800.
- The District Judge sentenced the appellant to five days’ imprisonment and a disqualification and prohibition period of two years for the s 65(1)(b) charge.
5. Formal Citations
- Fan Lei v Public Prosecutor, Magistrate’s Appeal No 9103 of 2024, [2024] SGHC 278
6. Timeline
| Date | Event |
|---|---|
| Appeal heard | |
| Judgment delivered |
7. Legal Issues
- Appropriateness of Sentence
- Outcome: The High Court found that the District Judge had misdirected herself on the point of potential harm and allowed the appeal, replacing the imprisonment sentence with a fine.
- Category: Substantive
- Sub-Issues:
- Potential harm
- Culpability
- Mitigating factors
- Antecedents
- Related Cases:
- [2022] 4 SLR 587
- [2023] 5 SLR 1170
8. Remedies Sought
- Appeal against sentence
9. Cause of Actions
- Careless Driving
10. Practice Areas
- Criminal Appeals
- Traffic Violations
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Wu Zhi Yong v Public Prosecutor | Court of Appeal | Yes | [2022] 4 SLR 587 | Singapore | Framework laid down for reckless or dangerous driving by serious offenders under s 64 of the RTA. |
| Public Prosecutor v Cheng Chang Tong | High Court | Yes | [2023] 5 SLR 1170 | Singapore | Wu Zhi Yong framework was adapted for calibrating the sentence for repeat and serious offenders under s 65(5)(b) read with s 65(5)(c) of the RTA. |
| Rafael Voltaire Alzate v Public Prosecutor | High Court | Yes | [2022] 3 SLR 993 | Singapore | Cited for the framework for alcohol level bands. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Road Traffic Act 1961 | Singapore |
| s 65(1)(b) of the Road Traffic Act 1961 | Singapore |
| s 65(5)(c) of the Road Traffic Act | Singapore |
| ss 65(5)(a) of the Road Traffic Act | Singapore |
| s 65(6)(i) of the Road Traffic Act | Singapore |
| s 67 of the Road Traffic Act | Singapore |
| s 64(8) of the Road Traffic Act | Singapore |
| s 65(5) of the Road Traffic Act | Singapore |
| s 64 of the Road Traffic Act | Singapore |
| s 65(5)(b) of the Road Traffic Act | Singapore |
| s 65(5)(d) of the Road Traffic Act | Singapore |
| Section 47F of the RTA | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Careless driving
- Drink driving
- Serious offender
- Sentencing framework
- Potential harm
- Culpability
- Disqualification
- Prohibition
15.2 Keywords
- Careless Driving
- Road Traffic Act
- Sentencing Appeal
- Drink Driving
- Singapore Law
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Road Traffic Act | 99 |
| Traffic Violations | 98 |
| Sentencing | 95 |
| Statutory offences | 90 |
| Criminal Law | 85 |
| Criminal Procedure | 70 |
16. Subjects
- Road Traffic Offences
- Criminal Law
- Sentencing