Where driving under the influence occasioning death involves a combination of excessive drinking, excessive speed, violent and erratic driving, and the passenger not wearing a seat belt, this exhibits gross moral culpability and a sentence of 5 years (with 2.5 year NPP) on a 10-year maximum is within range. Genuine remorse and self-punishment (including PTSD and depression from causing the death of a close friend) do not compensate for or balance out gross moral culpability. Judicial Commission statistics are of limited applicability where the sentencing judge relies on a combination of aggravating circumstances.
The full text is available to signed-in members, including the 8 later cases that cite this judgment.
3 of the 8 citing cases carry a classified treatment. How each court treated it is available to signed-in members.