Punishment for Drink-driving

Mr Baey Yam Keng asked the Deputy Prime Minister and Minister for Home Affairs with regard to drink-driving accidents resulting in injuries or fatalities, whether the Road Traffic Act can be amended to further differentiate between the type and length of punishment for accidents caused by carelessness and drink-driving.

Mdm Speaker, depending on the facts of the case, a driver who causes a fatal traffic accident may be charged under the Road Traffic Act or the Penal Code for one of the following offences:

One is the offence of causing death by a negligent act under section 304A(b) of the Penal Code which carries up to two years' imprisonment and/or a fine;

The second, is the offence of causing death by a rash act under section 304A(a) of the Penal Code which carries up to five years' imprisonment and/or a fine; or

Finally, the offence of causing death by dangerous driving under section 66(1) of the Road Traffic Act which carries up to five years' imprisonment for a first offender and up to 10 years' imprisonment with caning for repeat offenders.

A driver who causes an injury accident will similarly be charged for one of a range of different offences, depending on the facts of the case.

A driver who causes a fatal or injury traffic accident while driving under the influence of alcohol will face an additional drink-driving charge under section 67(1) of the Road Traffic Act. Under this charge, the maximum penalty for a first offender is a fine between $1,000 and $5,000 or imprisonment up to six months. If the driver is a second-time offender, he can be sentenced to a fine between $3,000 and $10,000 and imprisonment up to 12 months.

Subsequent offenders who have caused serious injury or death in a traffic accident may be punished with up to three times the punishment specified for drink-driving, in other words, between $3,000 and $15,000 in fines, up to 18 months' imprisonment, and the punishment would include caning as well.

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The court views intoxication of the driver as an aggravating factor and, in the case of fatal accidents, will generally sentence the driver to imprisonment. In egregious cases, where the driver significantly exceeds the legal alcohol limit, the prosecution will seek a sentence that reflects the driver's callous disregard of the law and the safety of other road users. Drink-drivers will also be disqualified from driving for at least 12 months.

Our laws, therefore, already provide for a range of offences and punishments that allow the prosecution and the courts to take calibrated actions with respect to the different cases of accidents caused by carelessness and drink-drinking according to the individual circumstances and culpability of the driver.

Hence, we do not see the need to amend the Road Traffic Act to further increase the range and severity of the penalties.

Madam, I would also like to inform Members that the Traffic Police takes a comprehensive approach to deter and discourage drunk driving. Apart from regular drink-driving enforcement operations, the Traffic Police also conducts education initiatives, such as the annual Anti-Drink Drive Campaign, to discourage motorists from driving to drink and to educate the community on the consequences of drink-driving.

Thank you, Mdm Speaker. The driver is taught to drive only when he is in full control of the vehicle. So, when the driver knowingly exceeds the legal limit of alcohol consumption and proceeds to drive, he has no reason to be let off lightly.

Given the increasing number of drink-driving cases and also fatal accidents involving drunk drivers, I would like the Minister to consider reviewing the penalties, including setting a minimum sentence for drivers who cause death when they exceed the legal limit, even if it is the first offence.

Madam, I appreciate the Member's sentiments but I would like to also use this opportunity to clarify. The Member stated that the deaths and injuries arising from drink-driving incidents have been on the rise. In fact, the data suggests the contrary. The number of fatal and injury drink-driving related accidents has fallen from 179 cases in 2008 to 98 cases in 2012. However, as the Member has rightly pointed out, such incidents do loom large in our consciousness and we are concerned for the lives that are lost or injured.

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The Member has also argued for a mandatory minimum sentence. Madam, we reserve this approach for the types of offences or situations which are quite exceptional. We have done so, for example, for unlicensed money-lending harassment which causes damages and for certain types of drug-related offences and so on. But, really, we have been using this sparingly because we want to reserve it for where the circumstances and nature and trends of the offences in question warrant such action from the legislative perspective.

Having said that, I want to reiterate the point I made at the start. Today, we have a range of offences that are prescribed in the different Acts that are available for the Prosecution to take calibrated action and for the Courts to decide on the appropriate level of punishment to be meted out. The record shows that so far, this system has worked well but we will bear the Member's suggestion in mind if the situation changes and it warrants a review.