Mandatory imprisonment for reckless and dangerous driving
Thursday, 29 April 1999 12:00am
The Bar Council refers to the report attributed to the Deputy Minister of Transport Datuk Dr. Ibrahim Saad in the media on 28th April 1999 that the government intends to amend the Road Traffic Act, 1987 to impose mandatory imprisonment for reckless and dangerous driving.
The Bar Council reiterates its stand that justice is better served if sentencing is left to the judicial discretion of the Courts within the framework of the statute without the imposition of any mandatory minimum sentence. In exercising their sentencing discretion the courts can mete out punishment that befits the gravity of the offence on a case by case basis.
Imprisonment for reckless driving due to a lack of skill may not be the proper punishment. However, reckless disregard by motorists for the safety of other road users resulting in death maybe a proper ground for imposing custodial sentence.
There are adequate provisions in the Penal Code to deal with wanton display of thuggery and hooliganism on the road resulting in death.
The Bar Council while expressing serious concern over the high rate of accidents on the road, however feels the proposed amendments might not be the solution. There is an urgent need for educating the motorists on road ethics and proper conduct on the road.
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