LETTER OF APPEAL AGAINST JAIL SENTENCE

First-Time DUI (Drink-Driving) Offender Surrenders After Hitting Sidewalk, Receives 3 Weeks Jail Sentence.

Date: 12 May 2024

Dear Sir/Madam,

I, Dr. John Doe, PhD, a Research Scientist, am reaching out to request a review of the sentence in case DAC-XXXXXX-2023. This case resulted in a three-week jail term under Section 65(1)(a) of the Road Traffic Act 1961, relating to the first drink-driving offence committed on 1 Oct 2022. The driver took the initiative to report himself to the police after driving under the influence and inadvertently mounting the pavement at a relatively slow speed, thankfully causing no injuries. He has since covered the cost of S$966 for the repairs of public property and paid a fine of S$7,000 for the first charge of drink-driving. The 3-week jail term is for the second charge of reckless driving which he is appealing, intended by the court to serve as a deterrent against drink-driving.

I would like to draw your attention to the following factors, substantiated by new evidence, to ensure a just review of the case:

Incarceration vs Mental Health: The decision-making on the day of the one-time isolated incident may have been compromised due to the ongoing battle with depression following the passing of his wife in 2021 (reference letter from his parish). Incarceration can cause more harm than good and may lead to a loss of faith in the Singapore judicial system.

Health Condition: He has a pre-existing heart condition known as Bradycardia, diagnosed in 1994. This condition can cause memory loss, dizziness, and fainting, especially when the heart rate exceeds 120 beats per minute. The heart rate can abruptly drop to around 60 beats per minute, leading to fainting. It’s suspected that there may be a congenital issue with the electrical signal of the sinus node of the heart known as Sick Sinus Syndrome. The condition was managed by keeping the heart rate below 120 beats per minute during physical activities like jogging to prevent blackouts. However, emotional distress, such as the sudden attack of depression from the memory of the passing of his wife, can induce or exacerbate the fainting spells. He was initially diagnosed at Tan Tock Seng Hospital (TTSH) during National Service after multiple fainting incidents. However, the records at TTSH have been disposed of. Recently, he has been undergoing testing. This condition may have contributed to the accident.

Public Awareness Gap: There appears to be a lack of public awareness about the severity of the punishment for first-time drink-driving offences, indicating a potential gap in public understanding about the law regarding imprisonment.

Demonstration of Accountability: This is his first and only drink-driving offence in his 30+ years of driving. His voluntary surrender by calling the police demonstrates his readiness to take responsibility for his actions.

Lifetime Driving Ban: On October 1, 2022, his actions were due to negligence, not recklessness. He is prepared to accept a lifetime driving ban to prevent repeating this mistake.

Family Circumstances: As the son of elderly parents and a widowed father of two daughters, this incident has caused significant distress and disruption to his family and work commitments. He previously and currently is a receiver of short-term ComCare financial support from the Ministry of Social & Family Development. The sentence seems unjust, excessive, and unreasonable under the circumstances and appears to potentially inflict more harm on his daughters.

Cost Savings by Reducing Incarceration: Rehabilitation programs are generally more cost-effective than incarceration. Rehabilitation programs equip individuals with the tools they need to lead a healthy and productive life. Incarceration can lead to recidivism (relapse into criminal behaviour) and unemployment due to human capital depreciation, exposure to hardened criminals, or societal and workplace stigma.

Community Service & Rehabilitation: Community service coupled with counselling (depression therapy) may be a more suitable verdict. Rehabilitation programs are generally less expensive than incarceration. See: National Bureau of Economic Research (NBER). They also have the potential to reduce recidivism rates, leading to additional savings by reducing the costs associated with repeat offences. This aligns with the broader goal of rehabilitating offenders and reintegrating them as responsible and contributing members of society.

Singapore Can Lead the Way: By embracing rehabilitation and rejuvenation, Singapore can demonstrate how legal and fiscal policies can nurture this emerging field while fostering responsible citizens and benefiting taxpayers. This could serve as a model for other countries and contribute to the global conversation on this crucial issue.

He has applied for Presidential Clemency and is currently awaiting the outcome. 

Yours sincerely,

Dr. John Doe, PhD