The provisions of s 52AA of the Crimes Act 1900 are procedural only; the fact that a blood sample was taken outside the two-hour deeming period does not prevent the Crown from charging or proving the aggravated offence under s 52A(4), nor does it vitiate a plea of guilty. For offences under s 52A based on driving under the influence of liquor, the aggravating factor in s 21A(2)(i) (without regard for public safety) should not be found as an additional aggravating factor because it is reflected in the elements of the offence. Sentencing courts should ensure that sentences for the aggravated form of the offence under s 52A(4) reflect the increased maximum penalty and increased culpability arising from the circumstances of aggravation.
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