Where culpable driving is charged under s 318(2)(c) of the Crimes Act 1958 (Vic) (driving under the influence of alcohol), a concurrent or cumulative sentence for the summary offence of driving with excess blood alcohol constitutes double punishment because the act of driving with excess alcohol is a common element of both offences. However, cumulation of a sentence for driving while disqualified does not constitute double punishment as there is no common element. A sentencing judge who rejects unchallenged expert evidence on rehabilitation prospects must state the basis for the rejection. Childhood sexual abuse and resulting depression and alcoholism do not reduce moral culpability for culpable driving where the addiction was not causative of the decision to drive.
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