Sentencing Offenders under the Road Traffic Act for Driving Dangerously or Carelessly While under Influence: Resolving the Double-counting Quandary
Benny Tan Zhi Peng
Published on e-First 10 October 2023
A set of elegant and interlinked provisions in the Road Traffic Act 1961 came into force on 1 November 2019. The provisions were intended to better deal with cases in Singapore involving motorists who drive dangerously or carelessly while under influence of drink or drugs. These provisions when applied potentially give rise to an issue of double counting in punishment. Case law has developed such that in some cases the concern of double counting is fully ameliorated while in other cases it is not. This article submits that there is a more attractive solution to addressing the issue. This article also generally explains how the set of interlinked provisions works, which may be useful for readers who need to apply these provisions.