Where a blood alcohol reading is only marginally above the 0.15 threshold for the aggravated offence under s 52A(4), the offence should be seen as towards the lower end of the s 52A(4) scale and the increment above the Jurisic/Whyte guideline range for the non-aggravated offence should be modest. A sentencing judge's error in overstating the multiple of the legal limit may explain and vitiate an excessive sentence. The question whether 'length of journey' as an aggravating factor refers to the intended journey or the actual journey to the point of collision was left open.
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