Dangerous driving involving a combination of excessive speed and failure to use appropriate gear on a steep gradient does not conform to the concept of 'momentary inattention' under the Jurisic guideline, even where the precise speed cannot be determined. A sentencing judge must characterise the offending consistently with the Crown case as put to and accepted by the jury, and cannot make findings of fact on speed that are against the weight of all evidence including the offender's own admissions. Where the jury has rejected the offender's explanation for dangerous driving decisions, the conclusion that the offender abandoned responsibility for their conduct may be inevitable.
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