Adequacy of existing laws to punish egregious road behaviour that result in death

Question:

Mr Kenneth Tiong Boon Kiat: To ask the Coordinating Minister for National Security and Minister for Home Affairs (a) whether the Government has studied the adequacy of existing laws to punish egregious road behaviour resulting in death; (b) whether the Government will consider introdu cing a specific offence of vehicular homicide carrying penalties on par with culpable homicide; and (c) if not, why current penalties are considered proportionate for the most serious cases.


Answer:

Mr K Shanmugam, Coordinating Minister for National Security and Minister for Home Affairs:

1. Today, when a person does an act which causes a death, there are provisions in the Penal Code to charge such a person for murder or culpable homicide. This will include deaths caused through the use of a vehicle. These offences are in addition to the dri ving offences in the Road Traffic Act.

2. The charge brought against an offender will depend on various factors, in particular, the offender’s state of mind when committing the offence. If the offender intended to cause a person’s death using a vehicle, he may be charged for murder under s 300(a) of the Penal Code, which carries the mandatory death penalty. If the offender knew that his driving was so imminently dangerous that it must in all probability cause death or bodily injury that is likely to cause death, he may be liable for murder under s 300(d) of the Penal Code, which carries the discretionary death penal ty.

3. Where the offender’s state of mind does not meet these thresholds, but the offender knew that his or her driving was likely to cause death, the offender may still be liable for culpable homicide not amounting to murder under s 304(b) of the Penal Code. Th is is punishable with imprisonment of up to 15 years, or with a fine, or with caning, or with a combination of such punishments.

4. For example, in October 2025, charges of culpable homicide were brought in relation to two fatal traffic accidents. These cases are currently before the courts.

5. Most offenders who cause death while driving are prosecuted under the Road Traffic Act, as these offenders usually do not have the requisite state of mind for a charge of murder or culpable homicide to be brought against them.

6. It is not clear from the Member’s question if he is suggesting that all such cases should be prosecuted as murder or culpable homicide. This will be a substantial change in the law, which could lead to people being charged for murder (and face the death p enalty) or culpable homicide, even if they did not intend to cause death, and did not know that death would likely be caused.

7. Let me also assure Members. The Ministry of Home Affairs (MHA) has been increasing penalties and tightening the rules, in respect of traffic accidents. And the Ministry has also been actively considering the possibility of legislating some additional offen ces where: (a) the offender drives a motor vehicle on a road in such a manner that endangers another person’s life or personal safety; (b) the offender did so with the purpose of endangering another person’s life or personal safety; and (c) the offender’s driving caused death or grievous hurt to another person.

8. However, such offenders will not face the death penalty.