Where death is an element of the offence (such as dangerous driving causing death under s 52A), the fact of death cannot be taken into account as an additional aggravating factor under s 21A(2)(g). Where emotional harm to relatives is relied upon under s 21A(2)(g), there must be a proper evidentiary basis such as a victim impact statement. The degree of intoxication above the statutory threshold for the aggravated offence remains a relevant aggravating factor. Prior criminal record under s 21A(2)(d) must be assessed for relevance to the particular offence, not treated as a blanket aggravating factor. The question whether R v Previtera should be reconsidered in light of s 3A(g) was left open.
The full text is available to signed-in members, including the 47 later cases that cite this judgment.
12 of the 47 citing cases carry a classified treatment. How each court treated it is available to signed-in members.