A sentence of 2 years' imprisonment (40% of the 5-year maximum) with a 9-month non-parole period for negligently causing serious injury under s.24 of the Crimes Act 1958 (Vic) was upheld where the offender drove with a blood alcohol content of .082-.110 on a probationary licence, had prior drink-driving convictions, and the victim was rendered quadriplegic. A finding that the offender drove knowing he ought not to drive does not constitute a finding of recklessness. Where a sentencing judge cancels a licence but fails to fix the disqualification period required by s.89(1) of the Sentencing Act 1991, the appellate court may allow the appeal for the limited purpose of fixing that period.
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