The benefit of youth in sentencing is constrained where the offender has a bad criminal record and poor rehabilitation prospects; in such cases, general and personal deterrence and protection of society can reduce leniency for youth. Cumulation is inappropriate where a dangerous driving charge relates to the same episode as a culpable driving charge and the sentencing remarks do not distinguish between the two forms of driving. The question whether the mental element in s 318(2)(a) of the Crimes Act 1958 is the same as for reckless murder was left open.
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