The fact that an offender was a disqualified driver or on bail at the time of a dangerous driving offence is not relevant to the assessment of 'abandonment of responsibility' or high moral culpability under the Whyte/Jurisic guideline. Those factors are relevant only to deterrence. The Whyte guideline's concept of abandonment of responsibility is confined to the objective gravity of the offence — the extent of impairment by alcohol or drugs and the course of driving and danger posed by it.
The full text is available to signed-in members, including the 4 later cases that cite this judgment.
2 of the 4 citing cases carry a classified treatment. How each court treated it is available to signed-in members.