How did missing intoxication test evidence affect the treatment order decision?

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Missing Intoxication Test Evidence Influenced Treatment Order Decision

The absence of an intoxication test for Then Shing Chong, who drove his Porsche into Suntec City's Fountain of Wealth, directly led to the rejection of his lawyers' request for a mandatory treatment order. His legal team had argued that his major depressive disorder was linked to the offence and sought a report to assess his suitability for such an order. However, District Judge Koo Zhi Xuan denied this, stating that the alcohol impairment level at the time of the incident was unknown and could not be determined due to the unavailable evidence.
Inability to Determine Alcohol Impairment Level

The crucial factor in the judge's decision was the impossibility of ascertaining Then's blood alcohol concentration or impairment level at the moment of the dangerous driving incident. As Then was hospitalised shortly after the crash, he did not undergo any intoxication tests. This lack of empirical data meant that the court could not quantify the extent to which alcohol may have affected his driving capabilities.
Judge's Reliance on Available Case Facts

District Judge Koo Zhi Xuan indicated that the available facts of the case pointed more strongly towards alcohol impairment as the primary explanation for Then's actions. The narrative presented in court detailed Then's consumption of approximately one litre of beer over nearly six hours before driving. This consumption, coupled with the dangerous manner of his driving, including ignoring road signs and crossing multiple lanes of a roundabout before crashing through a barricade, led the judge to conclude that alcohol played a significant role.
Conditions for Considering Psychiatric Factors

The judge clarified that while psychiatric conditions can be considered in sentencing, they are typically only taken into account if evidence demonstrates they were a substantial contributing factor that went beyond voluntary intoxication. In Then's case, his diagnosis of major depressive disorder occurred after the incident. Furthermore, his mention of potentially taking an antihistamine or sleeping pill before drinking complicated the assessment, making it difficult to isolate the psychiatric condition as the primary cause without concrete evidence of its impact on his actions.

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How did missing intoxication test evidence affect the treatment order decision?

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