Where an offender has been convicted of a drink-driving offence and is subsequently charged with dangerous driving causing death with the circumstance of aggravation of being adversely affected by alcohol arising from the same incident, the death exception in s 16 of the Criminal Code (Qld) permits the sentencing judge to take the aggravation into account. The majority also held that dangerous driving and driving with a specified blood alcohol concentration are not 'the same act' within s 16, providing an alternative basis. The Court of Appeal may decline to intervene on an Attorney-General's appeal where the prosecution adopted a neutral position on sentence at trial and failed to advance sentencing submissions.
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