Where a short course of criminal driving conduct gives rise to separate counts of culpable driving and reckless endangerment, the preferred approach is to treat the culpable driving count as the vehicle for punishing overall criminality, with only a small penalty on the reckless endangerment count; alternatively, if sentencing separately, substantial cumulation is required. A victim's complicity is not a mitigating factor but the absence of an aggravating factor. The Court provisionally indicated that a victim's forgiveness and offers to assist rehabilitation are outside the authorised content of victim impact statements under ss 95A-95B of the Sentencing Act 1991 (Vic).
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