Guideline judgments given under s 37A of the Crimes (Sentencing Procedure) Act 1999 (NSW) must be taken into account by sentencing judges but operate only as a 'check' or 'sounding board' or 'guide', not as a 'rule' or 'presumption'. For the typical case of dangerous driving occasioning death or grievous bodily harm under s 52A, a custodial sentence will usually be appropriate unless the offender has a low level of moral culpability; where moral culpability is high, a full time custodial head sentence of less than three years (death) or two years (grievous bodily harm) would not generally be appropriate. The Jurisic guideline is reformulated in these terms. The power to issue guideline judgments is constitutionally valid under the Kable doctrine.
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