THE NEW PAPER,YESTERDAY
It was the first time that the prosecution had filed such an unusual appeal - seeking to reduce an offender's sentence that it deemed to be "manifestly excessive".
Cyclist Lim Choon Teck, 35, who was not represented by a lawyer, had pleaded guilty on Sept 7 to one count of committing a rash act that endangered the safety of others.
The judge then jailed him for eight weeks despite the prosecution recommending a two-week jail sentence.
His sentence was slashed to three weeks yesterday after Justice Chan Seng Onn allowed the prosecution's appeal.
The case was the first prosecution of a cyclist who had ridden on a pavement meant for pedestrians.
At around 7.20pm on May 17, Lim was cycling on the pavement at Ang Mo Kio Avenue 8 when he knocked down Madam Chng Kian, 69.
She landed on her right arm, which resulted in fractures.
DISAGREEMENT
On Sept 7, the prosecution called for District Judge Lee Poh Choo to jail Lim for two weeks, citing that he had cycled on the pavement at an unsafe speed, caused grievous hurt to Madam Chng and left the scene instead of helping her.
Judge Lee disagreed with the recommendation and sentenced Lim to jail for eight weeks instead, saying that Lim had chosen to act in a "selfish, cowardly and irresponsible manner" by fleeing despite seeing that his victim was in distress.
She also felt that Lim's offence was "akin to a hit-and-run road traffic accident".
Yesterday, Deputy Public Prosecutor (DPP) Prem Raj Prabakaran told Justice Chan that this comparison was flawed.
He said: "(Lim) was a cyclist on a pavement, not the driver of a motor vehicle on a road."
In her sentencing consideration, Judge Lee also said: "(Lim) callously sped off to avoid the consequences of his rash act and abandoned the elderly and vulnerable couple at night to cope with the aftermath of his rash act."
In his appeal, DPP Prem told Justice Chan that after the accident, Lim had given his identity card to Madam Chng's husband, Mr Ng Seok Choon, 74, who was with her.
He said: "However, Lim took back his identity card and sped off on his bicycle before the victim's husband could record all of Lim's particulars.
"(Judge Lee), however, appeared to think that Lim had not given any of his particulars to the victim's husband."
The statement of facts in the Sept 7 hearing stated: "Ng demanded the accused's particulars and the latter handed over his identity card. However, before Ng could take down the details, the accused took back his identity card and sped off."
DPP Prem said Lim was traced "quite quickly and with minimal effort" through his identity card number which Mr Ng managed to note down.
He also said that Judge Lee had erred in relying on specific deterrence as a sentencing consideration, placing excessive weight on Lim's lack of remorse, and relying on entirely irrelevant considerations.
The DPP cited a case in which the driver of a car was sentenced to six weeks' jail on Oct 24 last year for rash driving, which caused the death of a motorcyclist who had right of way.
"A comparison... will show that Lim's sentence of eight weeks' imprisonment is manifestly excessive," said DPP Prem.
After yesterday's appeal, the Attorney-General's Chambers (AGC) said in a media statement that it is in the public interest to ensure that Lim is fairly punished.
Attorney-General V.K. Rajah said: "It is a crucial aspect of the administration of criminal justice in Singapore that all offenders are appropriately punished - neither in a manifestly inadequate nor in a manifestly excessive manner - to ensure justice is done."
For committing a rash act, Lim could have been jailed up to six months and fined up to $2,500.