Post-offence conduct such as fleeing the scene without rendering assistance may be taken into account in sentencing for culpable driving where it illuminates the offender's intention and criminality at the time of the offence, without offending the De Simoni principle against sentencing for uncharged offences. The categories of recklessness and negligence under s.318(2) may overlap in seriousness, and a negligence-based offence may in some circumstances warrant a sentence approaching that for recklessness-based offending. A sentence of 9 years was appropriate for one of the worst examples of negligence-based culpable driving.
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