Of Michelle Lim / Mdm. Lim Hong Eng gets one day's jail, down from the 18-month punishment & much lesser than the threat of 5 years in prison

The Shin Min Daily News editor, Michelle Lim--or Mdm Lim Hong Eng in my earlier post, "Editor jailed 18 months for fatal crash | Schizophrenic gets 8 years' jail for killing uncle"--won an appeal to reduce her sentence to serve a day's jail. Compare that to her initial slap of 18-month jail for for maiming a motorcyclist and causing the death of his pillion rider on Christmas Eve in 2006. Even that 18-month duration of punishment was thought to be very light already; Michelle Lim could have been thrown for five years in jail.

The Channel NewsAsia article said that "her son declined to comment". I can imagine. He must indeed be ashamed about the reduced sentence his mother had been awarded.

In another news (as reported by Straits Times), Michelle Lim was said that she "will donate to charity the $10,000 she was to pay in the fine". Well, if that is what it takes to ease her conscience. No amount of money will ever be enough to replace a loss of life.

A Shin Min Daily News editor won an appeal to reduce her sentence at the High Court on Friday.

Michelle Lim, who was found guilty of causing death by dangerous driving, will now serve one day in jail, down from the original sentence of 18 months.

In addition, she was fined S$2,000 and banned from driving for ten years.

Lim was sentenced last July after being convicted of beating the red light on Christmas Eve in 2006. Her car collided with a motorcycle, killing the pillion rider.

In reducing the sentence, Justice Choo Han Teck said he found no reason to challenge the fact that Lim had beaten the red light. But it was clear that Lim had not intentionally disregarded the red light at the road junction.

Justice Choo said Lim's culpability laid in her "failure to keep a proper lookout" and this did not warrant a harsh custodial sentence.

As for the second charge of causing grievous hurt by a rash act, he said that evidence showed Lim was unaware that the traffic light had turned red.

In his view, Justice Choo said Lim was more negligent than rash, so he amended the second charge to a lighter one of dangerous driving.

Lim, who was accompanied by her older son and a few ex-colleagues in court on Friday, looked somewhat relieved upon hearing the judgement.

Her son declined to comment when approached by the media.

From Channel NewsAsia, "Chinese newspaper editor to serve a day's jail".

It was a day of twists and turns for a newspaper editor in the High Court on Friday.

Lim Hong Eng, the 56-year-old executive editor of Shin Min Daily News, was there to hear the outcome of the appeal against her sentence for knocking down and injuring a motorcyclist and killing the woman riding pillion with him.

The appeal against her conviction was rejected, but the 11/2-year jail term dealt by a lower court was cut to a day's jail and a $12,000 fine on two charges.

Later in the morning, defence lawyers and the prosecutor ran some checks and realised that there had been a sentencing error for one of the charges.

The mistake was for the charge of causing death by dangerous driving, for which she was jailed a day and fined $10,000. The Road Traffic Act does not make a provision for a fine for this offence, only jail-time.

So it was back to court after the lunch hour. When Lim re-entered the courtroom, the smile that lit up her face upon the morning's verdict was replaced by an anxious expression.

Her counsel Subhas Anandantold Justice Choo Han Teck that he may have misled the judge with his arguments for a 'high fine' to be imposed on Lim.

Justice Choo set aside the fine, saying: 'In the circumstances, it will not be right to increase the custodial sentence to the detriment of the accused.'

Relief washed over Lim to know that the fine's being set aside was not going to mean a longer jail term for her. The judge made it clear, however, that this was a one-off case and was not to be used as a sentencing precedent.

Mr Anandan later told reporters that Lim will donate to charity the $10,000 she was to pay in the fine.

From Straits Times, "Editor gets a day's jail, $2k fine".

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Check out the background story from Straits Times:

Changes after appeal

THE FIRST CHARGE

Causing the death of pillion rider Melania Melaniawati, 24, by dangerous driving. Maximum sentence under the law: Up to five years' jail.

# July 31, 2008: A district court sentences Lim Hong Eng to 18 months' jail, plus a 10-year driving ban.

# April 17, 2009 (morning): At her appeal hearing, the High Court sentences her to a day's jail and a $10,000 fine.

# April 17, 2009 (afternoon): The High Court sets aside the fine, leaving her with the one-day jail term.

THE SECOND CHARGE

Causing grievous hurt in a rash act to motorcyclist David Jermais Pattiselanno, 70. Maximum sentence under the law: Up to two years' jail or a fine of up to $1,000 or both.

# July 31, 2008: A district court sentences Lim to six months' jail.

# April 17, 2009: The High Court amends the charge to one of dangerous driving, which carries up to 12 months' jail or a maximum $3,000 fine, or both. The court fines her $2,000.