Abstract:
The legislation governing driving offences contains a bewildering array of fault elements, including “recklessness”, “rashness”, “negligence” and driving in a “dangerous manner” or “without due care and attention”.  Not surprisingly, the courts have struggled to define these concepts in a consistent and readily accessible way, and differences have emerged between Malaysia and Singapore.  This article analyses the different types of fault in the light of judicial pronouncements and the facts of selected cases. It argues that, with rigorous analysis, it is possible to explain the various fault elements in terms of degrees of culpability. However, it may be desirable to simplify the law and to rationalise the statutory penalties. Consideration should also be given to the adequacy of current laws in addressing the problem of deaths and injuries caused by drunken drivers.