Public Prosecutor v Sylvester Lee Kao Chong

CourtDistrict Court (Singapore)
JudgeLiew Thiam Leng
Judgment Date22 December 2011
Neutral Citation[2011] SGDC 429
Citation[2011] SGDC 429
Docket NumberMAC No 13904-5 of 2011
Publication Date23 December 2011
Plaintiff CounselLee Zu Zhao, Deputy Public Prosecutor
Defendant CounselAccused(Appellant in person)
District Judge Liew Thiam Leng:

The accused pleaded guilty to a charge under section 304A(b) of the Penal Code (Cap.224) without any qualification. A second charge under section 337(b) of the Penal Code (Cap.224) was taken into consideration for the purpose of sentencing. The prosecution is appealing against the sentence imposed. CHARGE MAC No 13904/2011 [Exhibit C1] You, Sylvester Lee Kao Chong, Male 41 years NRIC: S7030217I are charged that you, on the 26th day of March 2011, at about 9.59p.m., along Upper Serangoon Road, Singapore, being the driver of motor car bearing registration number SGA8826T, did cause the death of a pedestrian, one Pyie Phyo Swe (male/ aged 31 years old), by doing a negligent act not amounting to culpable homicide, to wit, by failing to keep a proper lookout while reversing the said motor car along Upper Serangoon Road and thereby resulting in a collision with the said pedestrian, who was crossing from the right to left side along the said road, which resulted in the death of the said pedestrian, and you have thereby committed an offence punishable under Section 304A(b) of the Penal Code, Chapter 224.

FACTS

The accused is Sylvester Lee Kao Chong, Male/ 41 years old, Singaporean He works as a contractor. At the material time, he was the driver of the motor car SGA 8826T.

The deceased is Phyie Phyo Swe, Male/31 years old, Myanmar National. He was a Project Engineer at the material time.

The victim is Lin Nandar Hn, Female/30 years old, Myanmar Nation. She is the wife of the deceased.

On the 26 March 2011 at about 9.59pm, one Mr Ng called “999” informing, “I just witness a car reverse and hit a pedestrian. The guy is on the road and is bleeding”. The incident location given was at Upper Serangoon Road, near Lorong Batawi near Hougang Plaza

Investigation revealed that on 26 March 2011, at about 9.59 p.m., the accused, was driving his motor vehicle (SGA 8826T) along Upper Serangoon Road towards the direction of Serangoon Road. The accused was driving along the extreme left lane of the 3-lane carriageway road. The accused was on his way to a company, Morning Star which is located along Upper Serangoon Road.

Investigations also revealed that when the accused arrived at the entrance of the Singapore Institute of Commerce (“SIC”), he realized that the gate was closed. The accused then decided to reverse his vehicle with the intention of reversing far enough to turn left to enter Lorong Batawi which has an alternative entrance (through a side gate) to the SIC. The accused then reversed his vehicle quickly as he wished to prevent any disruption to traffic flow. The accused checked his rear view mirror and turned his head back (towards the left) while he was reversing. In so doing, he failed to...

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