| 64.—(1) If any person drives a motor vehicle on a road recklessly, or at a speed or in a manner which is dangerous to the public, having regard to all the circumstances of the case, including the nature, condition and use of the road, and the amount of traffic which is actually at the time, or which might reasonably be expected to be, on the road, the person (called the offender) shall be guilty of an offence. [10/2017; 19/2019] (2) If death is caused to another person by the driving of a motor vehicle by the offender, the offender shall be punished with the following on conviction of an offence under subsection (1):| (a) | with imprisonment for a term of not less than 2 years and not more than 8 years; | | (b) | where the person is a repeat offender, with imprisonment for a term of not less than 4 years and not more than 15 years; | | (c) | where the offender is a serious offender in relation to the driving, with imprisonment for a term of not less than one year and not more than 2 years, in addition to any punishment under paragraph (a) or (b); | | (d) | where the offender is a serious repeat offender in relation to the driving, with imprisonment for a term of not less than 2 years and not more than 4 years, in addition to any punishment under paragraph (a) or (b). [19/2019] |
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(2A) If grievous hurt is caused to another person by the driving of a motor vehicle by the offender, the offender shall be punished with the following on conviction of an offence under subsection (1):| (a) | with imprisonment for a term of not less than one year and not more than 5 years; | | (b) | where the person is a repeat offender, with imprisonment for a term of not less than 2 years and not more than 10 years; | | (c) | where the offender is a serious offender in relation to the driving, with a fine of not less than $2,000 and not more than $10,000 and with imprisonment for a term of not less than 6 months and not more than one year, in addition to any punishment under paragraph (a) or (b); | | (d) | where the offender is a serious repeat offender in relation to the driving, with a fine of not less than $5,000 and not more than $20,000 and with imprisonment for a term of not less than one year and not more than 2 years, in addition to any punishment under paragraph (a) or (b). [19/2019] |
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(2B) If hurt is caused to another person by the driving of a motor vehicle by the offender, the offender shall on conviction of an offence under subsection (1) —| (a) | be liable to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both; | | (b) | where the person is a repeat offender, be liable to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 4 years or to both; | | (c) | where the offender is a serious offender in relation to the driving, be liable to a fine of not less than $2,000 and not more than $10,000 or to imprisonment for a term not exceeding 12 months or to both, in addition to any punishment under paragraph (a) or (b); or | | (d) | where the offender is a serious repeat offender in relation to the driving, be punished with a fine of not less than $5,000 and not more than $20,000 and with imprisonment for a term not exceeding 2 years, in addition to any punishment under paragraph (a) or (b). [19/2019] |
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(2C) In any other case involving the driving of a motor vehicle by the offender, the offender shall on conviction of an offence under subsection (1) —| (a) | be liable to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both; | | (b) | where the person is a repeat offender, be liable to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both; | | (c) | where the offender is a serious offender in relation to the driving, be liable to a fine of not less than $2,000 and not more than $10,000 or to imprisonment for a term not exceeding 12 months or to both, in addition to any punishment under paragraph (a) or (b); or | | (d) | where the offender is a serious repeat offender in relation to the driving, be punished with a fine of not less than $5,000 and not more than $20,000 and with imprisonment for a term not exceeding 2 years, in addition to any punishment under paragraph (a) or (b). [19/2019] |
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(2D) A court convicting a person of an offence under subsection (1) in the following cases is to, unless the court for special reasons thinks fit to not order or to order otherwise, order that the person be disqualified from holding or obtaining a driving licence for a disqualification period of not less than the specified period corresponding to that case:| (a) | for an offender or a repeat offender in subsection (2)(a) or (b) — 10 years; | | (b) | for a serious offender in subsection (2)(c) — 12 years; | | (c) | for a serious repeat offender in subsection (2)(d) who has been convicted (whether before, on or after 1 November 2019) on only one earlier occasion of any specified offence — 15 years; | | (d) | for an offender or a repeat offender in subsection (2A)(a) or (b) — 8 years; | | (e) | for a serious offender in subsection (2A)(c) — 10 years; | | (f) | for a serious repeat offender in subsection (2A)(d) who has been convicted (whether before, on or after 1 November 2019) on only one earlier occasion of any specified offence — 13 years; | | (g) | for a serious offender in subsection (2B)(c) — 2 years; | | (h) | for a serious repeat offender in subsection (2B)(d) who has been convicted (whether before, on or after 1 November 2019) on only one earlier occasion of any specified offence — 5 years; | | (i) | for a serious offender in subsection (2C)(c) — 2 years; | | (j) | for a serious repeat offender in subsection (2C)(d) who has been convicted (whether before, on or after 1 November 2019) on only one earlier occasion of any specified offence — 5 years. [19/2019] |
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(2E) A court convicting a person for an offence under subsection (1) in the following cases is to, unless the court for special reasons thinks fit to order a shorter disqualification period, order that the person be disqualified from holding or obtaining a driving licence for life starting on the date of the person’s conviction:| (a) | a serious repeat offender in subsection (2)(d) who has been convicted (whether before, on or after 1 November 2019) on 2 or more earlier occasions of any specified offence; | | (b) | a serious repeat offender in subsection (2A)(d) who has been convicted (whether before, on or after 1 November 2019) on 2 or more earlier occasions of any specified offence; | | (c) | a serious repeat offender in subsection (2B)(d) who has been convicted (whether before, on or after 1 November 2019) on 2 or more earlier occasions of any specified offence; | | (d) | a serious repeat offender in subsection (2C)(d) who has been convicted (whether before, on or after 1 November 2019) on 2 or more earlier occasions of any specified offence. [19/2019] |
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(3) A person is a repeat offender in relation to an offence under subsections (2)(b), (2A)(b), (2B)(b) and (2C)(b), respectively, if the person in the respective subsection has been convicted (whether before, on or after 1 November 2019) on at least one other earlier occasion of any of the following offences:| (a) | an offence under subsection (1); | | (b) | an offence under section 63, 65 or 116; | | (c) | an offence under this section, or section 65 or 66, as in force immediately before 1 November 2019; | | (d) | an offence under section 279, 304A, 336, 337 or 338 of the Penal Code 1871 where the act constituting the offence involves the use of a motor vehicle. [19/2019] |
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| (4) Where a person is convicted of abetting the commission of an offence under this section and it is proved that the person was present in the motor vehicle at the time of the commission of the offence, the offence of which the person is convicted is, for the purpose of the provisions of Part 2 relating to disqualification from holding or obtaining driving licences, deemed to be an offence in connection with the driving of a motor vehicle. |
| (5) Any police officer may arrest without warrant any person committing an offence under this section. |
| (6) Despite the Criminal Procedure Code 2010, a District Court or a Magistrate’s Court has jurisdiction to try any offence under this section and has power to impose the full punishment specified in this section. [19/2019] |
| (7) Where subsections (2) and (2A) prescribe a minimum term of imprisonment on conviction of an offence under subsection (1), the court is to impose a sentence of imprisonment that is equal to or greater than that prescribed minimum term of imprisonment unless the court, for special reasons, thinks fit to order a shorter term of imprisonment. [19/2019] |
(8) In this section and section 65 —“disqualification period”, for an offender convicted of an offence under subsection (1), means a period starting on the later of the following dates:| (a) | the date of the offender’s conviction; | | (b) | the date of the offender’s release from imprisonment, if the offender is sentenced to imprisonment; |
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| “grievous hurt” has the meaning given by section 320 (except paragraph (aa)) of the Penal Code 1871; |
| “serious offender” means an offender who is convicted of an offence under section 67 or 70(4) in relation to the offender’s driving which is an offence under subsection (1); |
“serious repeat offender” means an offender who —| (a) | is convicted of an offence under section 67 or 70(4) in relation to the offender’s driving which is an offence under subsection (1); and | | (b) | has been convicted on at least one other earlier occasion of a specified offence; |
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“specified offence” means —| (a) | an offence under section 67, 68 or 70(4); or | | (b) | an offence under section 67 as in force immediately before 1 November 2019. [19/2019] |
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