The Queensland Court of Appeal held that a sentence of 18 months imprisonment with three months actual custody for dangerous operation of a motor vehicle causing grievous bodily harm was manifestly excessive in the circumstances, where the offending involved only momentary inattention, no alcohol or drugs, no excessive speed, and the offender was of generally good character and showed genuine remorse. Applying R v Gruenert, the Court confirmed that in cases of momentary inattention, the claim of deterrence is less compelling and a non-custodial sentence may be appropriate, and ordered the sentence be suspended immediately.
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