A non-custodial sentence for dangerous driving occasioning death under s 52A of the Crimes Act 1900 (NSW) may be upheld where the conduct is characterised as a momentary reckless error of judgment, there are no aggravating features, and strong mitigating features are present, falling within the first guideline category in R v Jurisic. The Jurisic guideline judgment does not mandate custodial sentences in all cases of dangerous driving occasioning death.
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