Where a single act of dangerous driving causes multiple deaths and separate charges are laid for each victim, wholly concurrent sentences are erroneous; sentences should be partly concurrent and partly cumulative, with each sentence appropriate to one victim and the aggregate reflecting the totality of criminality. It is contrary to principle to use s 21A(2)(m) (multiple victims) to aggravate each individual sentence when there are separate counts for each victim. The culpability of the victim is relevant to the assessment of the seriousness of the offender's conduct but cannot be taken into account in mitigation.
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