65.—(1) If any person drives a motor vehicle on a road —(a) | without due care and attention; or | (b) | without reasonable consideration for other persons using the road, |
the person (called the offender) shall be guilty of an offence. |
[19/2019] (2) If death 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 3 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 6 years or to both; | (c) | where the person is a serious offender in relation to the driving, be punished with imprisonment for a term not exceeding 2 years, 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 imprisonment for a term not exceeding 4 years, in addition to any punishment under paragraph (a) or (b). [19/2019] |
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(3) If grievous 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 $5,000 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 $10,000 or to imprisonment for a term not exceeding 4 years or to both; | (c) | where the person is a serious offender in relation to the driving, be punished with a fine of not less than $2,000 and not more than $10,000 and with imprisonment for a term not exceeding 12 months, 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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(4) 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 $2,500 or to imprisonment for a term not exceeding 12 months or to both; | (b) | in the case of a repeat offender, be liable to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 2 years or to both; | (c) | where the person 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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(5) 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 $1,500 or to imprisonment for a term not exceeding 6 months or to both; | (b) | where the person is a repeat offender, be liable to a fine not exceeding $3,000 or to imprisonment for a term not exceeding 12 months or to both; | (c) | where the person 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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(6) 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) — 8 years; | (b) | for a serious offender in subsection (2)(c) — 10 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 — 13 years; | (d) | for an offender or a repeat offender in subsection (3)(a) or (b) — 5 years; | (e) | for a serious offender in subsection (3)(c) — 7 years; | (f) | for a serious repeat offender in subsection (3)(d) who has been convicted (whether before, on or after 1 November 2019) on only one earlier occasion of any specified offence — 10 years; | (g) | for a serious offender in subsection (4)(c) — 2 years; | (h) | for a serious repeat offender in subsection (4)(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 (5)(c) — 2 years; | (j) | for a serious repeat offender in subsection (5)(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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(7) 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 (3)(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 (4)(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 (5)(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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(8) A person is a repeat offender in relation to an offence punishable under subsections (2)(b), (3)(b), (4)(b) and (5)(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, 64 or 116; | (c) | an offence under this section, or section 64 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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(9) Any police officer may arrest without warrant any person committing an offence under this section. [19/2019] |
(10) 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] |
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