Codifying “Agony of the Moment” in Penal Code as Defence to Negligent Driving

Question:

Ms Diana Pang Li Yen: To ask the Coordinating Minister for National Security and Minister for Home Affairs whether the common law principle of the "agony of the moment" defence will be codified in the Penal Code 1871 for negligent driving prosecutions of motorists who have littl e or no time to react to sudden and unforeseeable pedestrian or cyclist actions.

Answer:

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

1. The standard of care required under the relevant offences in the Road Traffic Act and the Penal Code is that of a reasonable and prudent driver. This already includes an assessment of whether the driver was reacting reasonably to a circumstance for which he or she was not responsible. Where the driver acted reasonably, no offence of negligent driving would be disclosed.

2. There is therefore no need to codify the common law concept of “agony of the moment” as a defence to negligent driving.