When applying the R v Whyte guideline judgment for dangerous driving occasioning death, the 3-year head sentence figure represents a minimum for cases of high moral culpability, not a starting point. Sentencing judges must not double-count mitigating factors (youth, remorse, guilty plea) that are already built into the guideline. Where a guideline already incorporates a discount for a plea of guilty of limited utilitarian value (approximately 10%), any additional discount for an early plea must account for the discount already embedded in the guideline.
The full text is available to signed-in members, including the 3 later cases that cite this judgment.
1 of the 3 citing cases carry a classified treatment. How each court treated it is available to signed-in members.