Where an offender is shot or seriously injured by a victim (including police) in response to the offence, the injuries should be regarded as part punishment and taken into account in mitigation. The maximum penalty of 5 years under s 328A(2) of the Criminal Code (Qld) for aggravated dangerous driving was held manifestly excessive where the offender was 23, had never been imprisoned, and was shot twice by police during the offence, notwithstanding appallingly dangerous conduct over several hours. The head sentence was reduced to 3 years and 6 months.
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