SINGAPORE: The High Court on Wednesday (Feb 22) increased the jail term of a driver and imposed a nine-month driving ban after he appealed for a fine or lower jail term.
In increasing 46-year-old Haleem Bathusa Abdul Rahim’s jail sentence from five to seven weeks’ jail, the judge said the previous court had not taken into account Haleem’s conduct after assaulting the victim.
Haleem, a property agent, was driving his BMW along Bukit Timah Expressway towards his home at Hillview Rise on the early morning of Feb 1, 2020.
After exiting the expressway, he swerved out of his lane in front of another car.
The victim sounded his horn and the pair had a verbal exchange before alighting near Haleem’s home.
Haleem punched the victim twice, hit him thrice and kicked him once. When the victim got up and backed away, Haleem hit him and caused the latter to lose his balance.
Haleem drove away only after a taxi driver arrived at the scene.
He was sentenced to five weeks’ jail by a district judge for the offence of voluntarily causing hurt after being convicted following a trial.
Dissatisfied, Haleem appealed, saying the prosecution had not proven that he had caused hurt to the victim.
He sought a reduction to a fine, or three weeks’ jail.
HIGH COURT’S DECISION
Justice Vincent Hoong, who heard the appeal, said this was a road rage case and the district judge had not sufficiently taken into account Haleem’s conduct post-offence.
He intentionally fled the scene despite protests from the victim and taxi driver so he would not be identified.
Haleem was also aggressive throughout the one-sided assault, had a history of non-compliance with traffic regulations and did not acknowledge his guilt.
In 2012, he failed to provide a breath specimen after he was detected smelling strongly of alcohol while driving. He acted aggressively and had to be subdued during arrest.
He also has numerous compounded offences for speeding in 1999, 2000, 2001, 2006, 2010, and 2020.
Even when shown closed-circuit television footage, Haleem tried to paint the victim as a liar and fabricated a version of events where the victim assaulted him instead.
Justice Hoong imposed the nine-month driving ban as he said it was “undesirable” for Haleem to be allowed to drive a motor vehicle indefinitely due to his post-offence behaviour and “chequered history of non-compliance with traffic regulations”.
He reiterated the High Court’s position that accused persons who contemplate filing appeals against their sentences should bear in mind that “the court will consider enhancing sentence in cases of plainly unmeritorious appeals, even in the absence of a cross-appeal by the prosecution”.
Haleem faces further traffic charges and is pending trial for them.