SINGAPORE: A cyclist who jumped onto the bonnet of a car after an altercation with the driver was sentenced to a short detention order (SDO) of five days on Thursday (Oct 17).
Nicolette Tan Shi-en, a 33-year-old Singaporean lawyer, had earlier pleaded guilty to a charge of intentionally harassing driver Elaine Michele Ow, 49, with a charge of obstructing the road taken into consideration for sentencing.
An SDO is a community-based sentence that detains an offender in prison for not more than 14 days. It is supposed to act as a deterrent by allowing an offender to experience prison life but does not leave a criminal record.
The dispute between Tan and Ow on Jun 2, 2023 went viral after footage of the confrontation emerged online.
Video clips of the incident showed Tan tailing Ow's car after feeling Ow had driven too close to her at a bend. Tan caught up with Ow at a red light at the traffic junction of East Coast Road and Joo Chiat Road and blocked Ow from moving ahead.
In the ensuing altercation, Tan jumped onto the car bonnet and Ow drove off. She got off only at the entrance of the car park to i12 Katong mall.Tan's sentencing was delayed after her lawyers revealed that their client had been diagnosed with a brain tumour shortly after the incident. They cited an expert who said that the onset of the tumour likely predated the altercation and could have influenced her behaviour.
Sentencing was then adjourned get clarification on whether the brain tumour had a causal link to the commission of the offence. Tan also suffered from major depressive disorder.
During a subsequent hearing, lawyer Sanjiv Rajan confirmed with the court that his efforts to clarify the issue have come back with a response that while it was possible, it does not "take it to the level required in law".
The lawyer had conceded that there was no causal or contributory link between the tumour and the offending conduct.
The prosecution had asked for a short detention order, while Mr Sanjiv sought a fine of between S$1,500 (US$1,142) and S$2,000, or an SDO of one day in the alternative.
ONE-DAY SDO A SLAP ON WRIST: JUDGEDuring the sentencing hearing on Thursday, the prosecution informed the court of amendments to the statement of facts and charges. The edit to the statement of fact was to say that instead of simply attempting to open Ow's car door, Tan had opened the car door slightly.
Tan, who was in the dock, then confirmed that she was pleading guilty to the amendments.
District Judge Janet Wang then proceeded to impose the sentence, extending a copy of her judgement to the parties.
She said that in her view, an SDO of five days was an appropriate sentence in Tan's case after also taking into account that Tan had spent a day in remand while in police custody.
An SDO of one day as proposed by the defence would be a "proverbial slap on the wrist", said Judge Wang in her judgement.
Judge Wang also laid out her decision with regard to whether Ms Tan's mental and health condition had affected her actions.
She noted that Tan's initial medical report stated that the influence of the brain tumour on Tan's behaviour at the time of the offences was "highly probable", given the location of the tumour in the left front region of her brain which "may lead to personality changes, disinhibition, and impairment of judgement".
The report went on to state, however, that there was no "causal or contributory connection" between Tan's mental condition, brain tumour and the commission of the offence.
Judge Wang said the qualification on the influence of the brain tumour on Tan's behaviour was "tenuous". The medical report was silent on whether there were actual clinical findings of impairment in Tan's judgement and marked changes in her personality, she said.
The report recorded how Tan could still work and engage in activities with her husband.
The judge also considered how Tan was gainfully employed as a lawyer, and had been able to ride her bicycle and navigate roads without difficulty.
"The presence of the brain tumour did not appear to have dented the quality of her life and prevented her from carrying out her daily recreational pursuits. She was in full control of her faculties and had the presence of mind to call the police to report Ow's manner of driving," said Judge Wang.
She noted how further clarificatory medical reports had not definitively stated a direct causal or contributory link between Tan's conditions and her offences.
The judge also considered factors in Ms Tan's favour, such as her early plea of guilt and her full cooperation with the authorities.
However, she balanced this against public disquiet generated from the incident and the overwhelming evidence presented in camera footage, describing Ms Tan's plea of guilt as a "Hobson's choice".
Tan had demonstrated a "sustained pattern of aggressive behaviour" towards Ow, and her acts had also affected other road users, the judge noted.
Co-accused Ow's case is still pending before the courts.
For causing harassmentacegame888, Tan could have been jailed up to six months, or fined up to S$5,000 or both.
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