Muhammad Faishal Ibrahim on Road Traffic (Miscellaneous Amendments) Bill

The Government is calibrating the balance between deterrence and proportionality, particularly in cases where the circumstances of the offence indicate that the offending motorist might have a lower level of culpability. The Road Traffic (Miscellaneous Amendments) Bill will remove the mandatory minimum sentences and disqualification periods for first-time offenders. This will give the Courts greater discretion to determine the appropriate sentence based on the circumstances, instead of the current situation where there are prescribed mandatory minimum sentences. These penalties will be determined based on factors such as the nature and severity of the harm caused to the victim and the level of culpability of the accused. Minister of State for Home Affairs Muhammad Faishal Ibrahim, who highlighted the changes in Parliament on Tuesday (Jan 7), said they do not necessarily mean that the offending motorist will face a sentence lower than the current mandatory minimum of one year. The Court will ultimately decide the sentence which may even be higher than the current statutory minimum size. With the amendments, the Court will not be constrained by the statutory minimum sentence. With the removal of the minimum sentences for first-time offenders, corresponding changes will be made to lower the mandatory minimum imprisonment term for repeat offenders, specifically for dangerous driving offences causing death. For repeat offenders, the mandatory minimum imprisonment term will be lowered from four years to two years. For dangerous driving offences causing grievous hurt, it will be lowered from two years to one year. Dr Faishal told the House that the adjustment aims to create a more gradual progression in sentencing between first-time and repeat offenders under the new regime. The intent of these amendments is not to signal a more lenient stance towards repeat offenders, he said. Repeat offenders will continue to be subject to mandatory minimum imprisonment terms and disqualification periods and where warranted, the Courts may in fact impose sentences higher than the mandatory minimum terms, he added. He also stressed that there is no change to the way of treating serious offenders, especially those who drive irresponsibly under the influence of alcohol or drugs. “The amendments proposed in this Bill are the result of careful consideration. They are necessary to make our laws fairer while ensuring that those who engage in egregious road behaviour continue to be punished severely,” he said.