For the offence of dangerous operation of a motor vehicle causing death while adversely affected by alcohol (BAC below 0.15%), where the dangerous driving was momentary inattention rather than deliberate, the offender was driving at or near the speed limit, and significant personal mitigating circumstances exist, a sentence of three years imprisonment suspended after nine months is appropriate. The case confirms the relevance of the sentencing factors identified in R v Tabakovic.
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