When assessing moral culpability for driving offences causing death under s 52A(1)(a) of the Crimes Act 1900 (NSW), the court must have regard to the combination of all circumstances, including the nature and size of the vehicle, speed, and the driver's drug-affected state. The Jurisic and Whyte guidelines are not exhaustive of the factors relevant to moral culpability. Compelling subjective features cannot reduce a sentence below what is required to reflect the objective criminality of the offence.
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