The majority (Sheller JA and Dowd J) held that the Jurisic two-part classification for dangerous driving causing death under s 52A of the Crimes Act 1900 (NSW) is exhaustive: cases either involve momentary inattention or misjudgment (where non-custodial sentences may be appropriate) or they do not (where custodial sentences are required). There is no intermediate category. Driving through a red light at a known intersection where other traffic had stopped, resulting in a pedestrian death, constitutes grossly irresponsible driving falling outside momentary inattention, warranting a custodial sentence. However, Hulme J's dissent articulates a contrary view that a middle ground exists, which remains a point of potential future development.
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