SINGAPORE: A 61-year-old man who sped at 30kmh above the speed limit in a residential area did not see a 76-year-old woman crossing the road and hit her, causing fatal injuries.
Ang Kim Chuan, a Singaporean, was sentenced on Friday (Feb 13) to 17 months' jail and banned from driving for eight years.
He pleaded guilty to one count of driving without due care and attention, causing the death of Madam Ng Cheow Tee.
The court heard that Ang was driving on the right lane of a two-lane dual carriageway of Bukit Batok West Avenue 6 at about 5.20pm on Jul 20, 2024.
In-car camera footage from Ang's vehicle was played in court, with the sound of the engine audible as he sped down the lane.
As Ang's vehicle approached the road in front of Block 132, Bukit Batok West Avenue 6, the footage showed Mdm Ng crossing the road.
She was looking to her left when Ang hit her from the right. The impact caused the bag she was carrying to be flung into the air, landing some distance away on the road.
Mdm Ng fell to the ground and rolled a few times before landing face down.
Ang could be seen exiting his vehicle and standing over Mdm Ng's body.
The court heard that Ang had driven at a speed of between 82kmh and 86kmh, continuing to accelerate his car as he approached and negotiated the bend.
He failed to spot Mdm Ng crossing, even though she was visible as early as 2.8 seconds before the collision.
He applied his brakes only 0.2 seconds before impact. The force of the collision ripped off his front number plate, cracked his bumper and left scratches on the vehicle.
Ang called for an ambulance and waited for the police to arrive. Mdm Ng was pronounced dead within the hour.
Deputy Public Prosecutor Johan Tay sought 21 to 24 months' jail, with eight years' disqualification from driving.
He asked the court to depart from the sentencing framework laid down in the case of Selvakumar Ranjan, for fatal accident cases.
Mr Tay said the Selvakumar framework, which was always intended to be provisional, is no longer appropriate and should not continue to be applied, as it has been overtaken by developments in the High Court.
Mr Tay said the application of the Selvakumar framework has led to a clustering of sentences around the lower end of the sentencing range.
He added that the need for general deterrence is greater today than when Selvakumar was decided.
Fatal road traffic accidents, particularly those related to speeding, have increased over the last few years.
Ang was travelling at an average speed of between 82kmh and 86kmh on a road where the limit was 50kmh, said Mr Tay.
He failed to keep a proper lookout for an extended period of time, and there were other pedestrians and road users present.
Ang was also driving in a residential area during evening peak hour traffic.
Ang's lawyer, Mr Don Tan, said a death has been caused in this case, which will weigh on his client's mind for the rest of his life.
He said his client had reacted as quickly as he could, disputing that there was a "high degree" of carelessness.
"With due respect to the deceased, it is important for the sentencing court to be alive to the possibility of contributory negligence and the extent to which it affects the accused's blameworthiness," said Mr Tan.
In response to this, the prosecutor said that while the road the victim was crossing was not a designated pedestrian crossing, it was also not a "no-crossing area" or an area where crossing is strictly prohibited and an offence.
Pedestrians could cross there, but they have to exercise care and attention, said Mr Tay, the prosecutor.
When asked by the judge if the victim was jaywalking, Mr Tay said he would not characterise it as jaywalking.
According to Rule 3 of the Road Traffic (Pedestrian Crossings) Rules, pedestrians who are within 50m of a pedestrian crossing are to use it to cross the road.
However, Mr Tay said he did not have the facts to say whether Mdm Ng was within 50m of a pedestrian crossing.
He said that if Ang had paid attention, 2.8 seconds would have been more than enough time to react. Even if he could not brake in time, lesser harm would have been caused to the victim, said Mr Tay.
He added that if Ang had not been speeding, the victim would have had more time to cross the road.
The judge allowed Ang to begin his sentence in March.
For careless driving causing death, he could have been jailed for up to three years, fined up to S$10,000, or both, as well as banned from driving for eight years.
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Ang Kim Chuan, a Singaporean, was sentenced on Friday (Feb 13) to 17 months' jail and banned from driving for eight years.
He pleaded guilty to one count of driving without due care and attention, causing the death of Madam Ng Cheow Tee.
THE CASE
The court heard that Ang was driving on the right lane of a two-lane dual carriageway of Bukit Batok West Avenue 6 at about 5.20pm on Jul 20, 2024.
In-car camera footage from Ang's vehicle was played in court, with the sound of the engine audible as he sped down the lane.
As Ang's vehicle approached the road in front of Block 132, Bukit Batok West Avenue 6, the footage showed Mdm Ng crossing the road.
She was looking to her left when Ang hit her from the right. The impact caused the bag she was carrying to be flung into the air, landing some distance away on the road.
Mdm Ng fell to the ground and rolled a few times before landing face down.
Ang could be seen exiting his vehicle and standing over Mdm Ng's body.
The court heard that Ang had driven at a speed of between 82kmh and 86kmh, continuing to accelerate his car as he approached and negotiated the bend.
He failed to spot Mdm Ng crossing, even though she was visible as early as 2.8 seconds before the collision.
He applied his brakes only 0.2 seconds before impact. The force of the collision ripped off his front number plate, cracked his bumper and left scratches on the vehicle.
Ang called for an ambulance and waited for the police to arrive. Mdm Ng was pronounced dead within the hour.
Deputy Public Prosecutor Johan Tay sought 21 to 24 months' jail, with eight years' disqualification from driving.
He asked the court to depart from the sentencing framework laid down in the case of Selvakumar Ranjan, for fatal accident cases.
Mr Tay said the Selvakumar framework, which was always intended to be provisional, is no longer appropriate and should not continue to be applied, as it has been overtaken by developments in the High Court.
Mr Tay said the application of the Selvakumar framework has led to a clustering of sentences around the lower end of the sentencing range.
He added that the need for general deterrence is greater today than when Selvakumar was decided.
Fatal road traffic accidents, particularly those related to speeding, have increased over the last few years.
Ang was travelling at an average speed of between 82kmh and 86kmh on a road where the limit was 50kmh, said Mr Tay.
He failed to keep a proper lookout for an extended period of time, and there were other pedestrians and road users present.
Ang was also driving in a residential area during evening peak hour traffic.
WAS VICTIM JAYWALKING?
Ang's lawyer, Mr Don Tan, said a death has been caused in this case, which will weigh on his client's mind for the rest of his life.
He said his client had reacted as quickly as he could, disputing that there was a "high degree" of carelessness.
"With due respect to the deceased, it is important for the sentencing court to be alive to the possibility of contributory negligence and the extent to which it affects the accused's blameworthiness," said Mr Tan.
In response to this, the prosecutor said that while the road the victim was crossing was not a designated pedestrian crossing, it was also not a "no-crossing area" or an area where crossing is strictly prohibited and an offence.
Pedestrians could cross there, but they have to exercise care and attention, said Mr Tay, the prosecutor.
When asked by the judge if the victim was jaywalking, Mr Tay said he would not characterise it as jaywalking.
According to Rule 3 of the Road Traffic (Pedestrian Crossings) Rules, pedestrians who are within 50m of a pedestrian crossing are to use it to cross the road.
However, Mr Tay said he did not have the facts to say whether Mdm Ng was within 50m of a pedestrian crossing.
He said that if Ang had paid attention, 2.8 seconds would have been more than enough time to react. Even if he could not brake in time, lesser harm would have been caused to the victim, said Mr Tay.
He added that if Ang had not been speeding, the victim would have had more time to cross the road.
The judge allowed Ang to begin his sentence in March.
For careless driving causing death, he could have been jailed for up to three years, fined up to S$10,000, or both, as well as banned from driving for eight years.
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