A single act of dangerous driving causing death to one person and grievous bodily harm to another constitutes one offence under s 328A(4) of the Criminal Code and should be charged in a single count. The prohibition on double punishment in s 16 of the Criminal Code does not apply because there is only one punishable act. Despite the 1997 amendments removing the 'last resort' principle for imprisonment in cases of physical harm, a non-custodial sentence for dangerous driving causing death is not necessarily manifestly inadequate where the driving, while criminal, is not a gross example of dangerous driving and the offender is young.
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