A sentence of five years' imprisonment for culpable driving causing death is within the available range where the offender had a blood alcohol concentration of 0.113, struck a clearly visible cyclist from behind at 90 km/h without braking, and the victim was blameless. General deterrence is of paramount importance in such cases. There is no standard or tariff sentence for culpable driving causing death; each case depends on its own facts. The maximum penalty under s 318 is reserved for the worst class of case under the section as a whole, not the worst case under the particular sub-paragraph charged.
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