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Posted on 06 Apr 2012
4 months jail for unlicenced driver who killed old pedestrian not too light: Lawyers
Netizens are enraged by the four-month jail sentence and 10-year driving ban that the woman who drove without a licence will need to serve. They feel this is too light for her offence, but lawyers disagree.
In a report in The New Paper today (Apr 6), lawyers the paper spoke to say her sentence was just. The usual sentence for causing death by driving negligently is a fine if there are no aggravating factors, they said.
Although most prosecutions for driving-related offences come under the Road Traffic Act, the Penal Code can come into play when a traffic violation results in another's death. The authorities will then have the option of prosecuting the offender under the Penal Code, which usually carries a heavier punishment.
For causing death by negligence, a person can be jailed for up to two years and fined. Candy Siow Pei Shan's punishment is quite consistent with past cases for a similar offence. For example, a driver who reversed into a couple crossing the road and killed a man was jailed for a week in March 2012.
Candy Siow, 23, will not be charged with murder as she did not intend to kill anyone, said a lawyer. "The tragic and fatal consequence was the result not of an intentional act but a cumulation of causative factors plus bad luck," he added.
She was driving her boyfriend's car on February 12, 2011, and reportedly lost control of the vehicle at the junction of Bukit Batok Avenue 3 and Avenue 4. She panicked when she saw an oncoming vehicle and her car veered to the left, mounted the kerb and hit 70-year-old Tan Son Seng, who was on the pedestrian walkway.
Mr Tan was crushed between the car and a traffic light pole, and pronounced dead on the scene.
Although Candy admitted to downing at least 10 glasses of brandy and three to five glasses of beer, her blood sample indicated her blood alcohol level was well below the legal limit. It was 27mg, when the legal limit is 80mg of alcohol per 100ml of blood.
=> Was there error in the blood test? Was she made the fall guy and not the real culprit?
Her boyfriend, Yap Chun Kiat, 30, the owner of the car, will be dealt with in court separately.
Click on thumbnails for larger image
4 months jail for unlicenced driver who killed old pedestrian not too light: Lawyers

Netizens are enraged by the four-month jail sentence and 10-year driving ban that the woman who drove without a licence will need to serve. They feel this is too light for her offence, but lawyers disagree.
In a report in The New Paper today (Apr 6), lawyers the paper spoke to say her sentence was just. The usual sentence for causing death by driving negligently is a fine if there are no aggravating factors, they said.
Although most prosecutions for driving-related offences come under the Road Traffic Act, the Penal Code can come into play when a traffic violation results in another's death. The authorities will then have the option of prosecuting the offender under the Penal Code, which usually carries a heavier punishment.
For causing death by negligence, a person can be jailed for up to two years and fined. Candy Siow Pei Shan's punishment is quite consistent with past cases for a similar offence. For example, a driver who reversed into a couple crossing the road and killed a man was jailed for a week in March 2012.
Candy Siow, 23, will not be charged with murder as she did not intend to kill anyone, said a lawyer. "The tragic and fatal consequence was the result not of an intentional act but a cumulation of causative factors plus bad luck," he added.
She was driving her boyfriend's car on February 12, 2011, and reportedly lost control of the vehicle at the junction of Bukit Batok Avenue 3 and Avenue 4. She panicked when she saw an oncoming vehicle and her car veered to the left, mounted the kerb and hit 70-year-old Tan Son Seng, who was on the pedestrian walkway.
Mr Tan was crushed between the car and a traffic light pole, and pronounced dead on the scene.
Although Candy admitted to downing at least 10 glasses of brandy and three to five glasses of beer, her blood sample indicated her blood alcohol level was well below the legal limit. It was 27mg, when the legal limit is 80mg of alcohol per 100ml of blood.
=> Was there error in the blood test? Was she made the fall guy and not the real culprit?
Her boyfriend, Yap Chun Kiat, 30, the owner of the car, will be dealt with in court separately.
Click on thumbnails for larger image







