A sentence of 5 years' imprisonment for culpable driving causing death is manifestly excessive where the driving is found to be in the lower range of gross negligence and there has been unexplained delay of 35 months between offending and sentence; 3½ years was substituted. The consequences of delay on victims do not cancel out the mitigating effect of delay on the offender. The Court of Appeal confirmed that the M v The Queen test for unsafe and unsatisfactory verdicts was not altered by Gipp v The Queen.
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