Under s 328A(4)(b) of the Criminal Code (Qld), the prosecution is not required to establish a causal connection between the offender's intoxication and the dangerous driving; the increased maximum penalty of 14 years depends upon proof that the circumstances of aggravation attended the offence, not that the intoxication caused the dangerous driving. A non-custodial sentence for dangerous driving causing grievous bodily harm with blood alcohol exceeding 0.15% will ordinarily be inadequate, but significant delay in prosecution may justify the Court of Appeal declining to substitute a custodial sentence.
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