SINGAPORE: The prosecution has lost its appeal to jail Ng Jui Chuan who had fallen asleep at the wheel and knocked down an elderly couple at Thomson Road in November 2009.
In his judgement Monday morning, Justice Choo Han Teck said that tiredness alone would not be sufficient to infer rashness.
The prosecution had earlier appealed against Ng's sentence of a S$9,500 fine and three-year driving ban and sought a jail sentence.
It had also appealed against the decision of the district court to amend Ng's original charge of causing death by a rash act to negligence.
Justice Choo said in his judgement that looking at the totality of the circumstances of the case, Ng was not speeding, had not committed any traffic violation, and there was no significant alcohol level in his blood.
His actions, therefore, "fall short of rashness."
Ng was driving home on Nov 8, 2009, after not sleeping for 22 hours and after drinking two glasses of wine.
At around 6.50am, when he was about five minutes away from home, his car veered left and hit Mdm Mok Sow Loon, 76, and her husband Mr Wee Song Mong.
Mdm Mok died on the spot, while Mr Wee suffered minor injuries.