The use of a mobile telephone while driving, combined with other factors such as speed and lack of focus, may be treated as an aggravating factor in culpable driving sentencing that is as serious as driving under the influence of drugs or alcohol. In cases involving multiple victims, cumulation orders must adequately reflect each death in both the overall sentence and the non-parole period. The pre-collision conduct of passengers who distract the driver is to be given very little mitigating weight, as the driver bears principal responsibility for repudiating distractions.
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