Did the judge consider alcohol impairment stronger than psychiatric factors in the case?

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The Judge Determined Alcohol Impairment Was a Stronger Factor Than Psychiatric Issues

The judge in the case of Then Shing Chong's crash into Suntec City's Fountain of Wealth determined that alcohol impairment was a more significant explanation for the offence than psychiatric factors. While the defence sought a mandatory treatment order citing Then's major depressive disorder, the judge rejected this, stating that psychiatric conditions could only be considered if they were a substantial contributing factor beyond voluntary intoxication. The judge further noted that Then's specific level of alcohol impairment at the time of the incident could not be determined due to a lack of available evidence.
Rejection of Mandatory Treatment Order

Then Shing Chong's legal representatives had requested a mandatory treatment order, presenting a report that linked his major depressive disorder to the dangerous driving incident. However, District Judge Koo Zhi Xuan ruled against this, asserting that the facts of the case pointed more strongly towards alcohol impairment as the primary cause. The judge clarified that psychiatric conditions are typically considered in sentencing only when they demonstrably played a substantial role beyond the influence of voluntary intoxication.
Unquantifiable Alcohol Impairment

A key aspect of the judge's decision was the inability to definitively ascertain Then's precise blood alcohol level at the time of the crash. The court heard that Then had consumed approximately one litre of beer over several hours before driving his Porsche. Despite this consumption, no intoxication test was administered after the incident, as Then was hospitalised. Consequently, the judge stated that Then's exact level of alcohol impairment remained unknown and could not be quantified due to the absence of sufficient evidence.
Deterrence of Drink Driving

The judge underscored the societal impact of drink driving, characterising it as highly irresponsible behaviour that requires strong deterrence. This emphasis suggests that the court views offences committed under the influence of alcohol as requiring firm penalties to discourage similar actions by others. The judge's remarks highlighted the need to address and deter such conduct within the community, irrespective of other potential contributing factors.

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Did the judge consider alcohol impairment stronger than psychiatric factors in the case?

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