A custodial sentence will usually be appropriate for dangerous driving causing death or serious injury, but community-based orders may be imposed where the offender's moral culpability is low, such as where the offence was caused by momentary inattention or misjudgement rather than deliberate risk-taking, gross negligence, or impairment by alcohol or drugs. Steps taken by the offender to reduce fatigue before the accident are relevant to reducing moral culpability. The double jeopardy principle should be given considerable weight on a Crown appeal where the offender has been subject to prolonged uncertainty and suffers from post-traumatic stress disorder.
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