When sentencing for multiple counts of manslaughter arising from a single driving incident, the sentencing judge must fix an appropriate sentence for each count individually before considering cumulation, concurrence and totality — it is erroneous to treat the matter as a single offence causing multiple deaths. Manslaughter by motor vehicle must be sentenced as manslaughter, not as if it were the lesser statutory offence under s 52A of the Crimes Act 1900 (NSW). The non-parole period on each count must itself appropriately reflect the criminality involved.
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