A sentence of 8 years imprisonment (minimum term 5 years) for aggravated dangerous driving occasioning death under s 52A(2) of the Crimes Act was upheld where the blood alcohol level was 0.216 (over four times the prescribed limit), the offender knew he was over the limit before driving, and the offender had a poor driving history, notwithstanding highly favourable subjective circumstances including rehabilitation and remorse. The degree of intoxication was held to demonstrate 'a wilful abandonment by the prisoner of his responsibility to drive the vehicle safely.'
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