Mohamed Ferozkhan v Public Prosecutor

• Jurisdiction: Singapore
• Judge: Carol Ling Feng Yong
• Judgment Date: 27 April 2001
• Neutral Citation: [2001] SGMC 20
• Year: 2001
• Published date: 19 September 2003
• Citation: [2001] SGMC 20
• Court: Magistrates' Court (Singapore)

JUDGMENT:

Grounds of Decision

Plea

1. The Accused person pleaded guilty to 1 charge under section 337 of the Penal Code. The charge read:

".You, on the 2^nd August of 2000, at or about 2:50 pm, at Braddell Hill, Singapore, did cause hurt to one Herath Mudiyanselage Sumanawathie, F/36 years, by doing an act so rashly as to endanger the personal safety of others, to wit, by driving motor car QX 3818 K at a fast speed and failing to have a proper lookout of the view ahead of you after you had turned from Braddell Road into Braddell Hill, which resulted in your motor car QX 3818 K veering to the left and mounting the grass verge and also collided onto the said Herath Mudiyanselage Sumanawathie."

Statement of Facts

2. The salient facts are these: Accused is a Sergeant, attached to Tanglin Police Divisional Headquarters. On 2^nd August 2000, he was on morning shift duty and was detailed to perform Fast Response Car (FRC) duty on police vehicle QX 3818K. On the same day at about 2:33 pm, his partner and him were despatched to Braddell Hill in response to a message.

3. At the scene, a crowd had already gathered and onlookers spilled onto the road as an Indonesian maid who had fallen into the drain due to a heavy downpour had been rescued and laid on the cemented pavement near the side gate entrance leading to the HDB Estate while waiting for the ambulance.

4. Investigations revealed that the road leading to where the Indonesian maid was lying was a downhill slope of about 35 degrees gradient and inclined to the right. There was also a road hump to slow down approaching vehicles.

5. On arriving at the said road, the accused failed to slow down his vehicle. He also did not see the crowd of onlookers that spilled on the road. By the time he noticed them, he jammed the brakes in avoid collision with the onlookers. However, due to the wet surface on the road, the accuseds car continued to move towards the onlookers. In order to avoid collision with them, he swerved his vehicle to the left and collided into a lamp post. The victim who was standing next to the lamp post was hit by the defendant car. The police vehicle then came to a complete stop.

6. The victim was subsequently conveyed to Tan Tock Seng hospital where she was given outpatient treatment. She later sought further treatment at Marina Medical Centre.

7. Medical reports from both the medical agencies were fairly consistent. Medical report from Tan Tock Seng hospital revealed a 4 cm...