Impaired psychological functioning resulting from personal emotional turmoil may constitute a relevant disability under s 21A(3)(j) of the Crimes (Sentencing Procedure) Act 1999, but where the offender was aware of their impaired state (including the effects of fatigue, alcohol and drugs) and chose to drive, the disability cannot play a significant part in reducing the sentence. The extent and nature of injuries inflicted on the victim is an aggravating feature of dangerous driving offences that must be considered separately from the offence itself.
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