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Enhanced penalties for offenders with previous convictions under certain sections

Road Traffic Act 1961

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—(1) Where a person having been convicted of 2 or more specified offences is again convicted of any one of the specified offences (whether or not the same specified offence), the court has the power to impose a punishment in excess of that prescribed for the conviction as follows:(a)where the court is satisfied, by reason of the person’s previous convictions or the person’s antecedents, that it is expedient for the protection of the public or with the view to the prevention of further commission of any such offence that a punishment in excess of that prescribed for such a conviction should be awarded, then the court may punish the offender with punishment not exceeding 3 times the amount of punishment to which he or she would otherwise have been liable for the conviction except that where imprisonment is imposed it shall not exceed 10 years; (b)despite sections 303 and 309 of the Criminal Procedure Code 2010, if —(i)the offender causes any serious injury or death to another person when committing —(A)whether before, on or after 1 November 2019 the offence under section 43(4), 47(5), 47C(7), 63(4), 64(1) or 67(1);(B)on or after 1 November 2019, the offence under section 65(1) or 68(1); or(C)the offence under section 43(4), 64(1), 66(1) or 67(1) as in force immediately before 1 November 2019; or (ii)in the case of an offender under section 70(4), the offender had, in driving or attempting to drive a motor vehicle at the time of any accident leading to the offender’s arrest under section 69(5), caused any serious injury or death to another person,the court may also punish the offender, subject to sections 325(1) and 330(1) of the Criminal Procedure Code 2010, with caning with not more than 6 strokes.(2) This section does not apply to a person who has been convicted of an offence under section 63(4) unless the court is satisfied that in committing the offence and the offence in respect of which he or she had been previously convicted, he or she had driven a motor vehicle on a road at a speed which exceeded by 40 kilometres per hour the speed limit imposed by or in exercise of powers conferred by this Act.(3) In subsection (1) —“serious injury” has the meaning given by section 47D;“specified offence” means an offence under —(a)section 43(4), 47(5), 47C(7), 63(4), 64(1), 67(1) or 70(4) that is committed whether before, on or after 1 November 2019;(b)section 65(1) or 68(1) that is committed on or after 1 November 2019; or(c)section 43(4), 64(1), 66(1) or 67(1) as in force immediately before 1 November 2019.(4) Despite any provision to the contrary in the Criminal Procedure Code 2010, a District Court or Magistrate’s Court may award the full punishment prescribed by this section.

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