The Queensland Court of Appeal held that a sentence of two years' imprisonment suspended after six months was manifestly inadequate for dangerous operation of a motor vehicle causing death where the offender drove while grossly fatigued, left the scene despite knowing he had been involved in a major accident, and did not surrender to police for approximately two and a half days. The Court increased the head sentence to three years with 12 months to be served, holding that the sentencing judge had given undue weight to remorse (substantially diminished by leaving the scene and delayed surrender) and had taken an unduly indulgent approach in reducing actual custody from eight to six months on account of youth and rehabilitation. The appropriate sentencing range for this category of offence was identified as three to four years' imprisonment.
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