In sentencing for dangerous driving causing death of a pregnant woman, the death of the foetus cannot be treated as an additional aggravating factor separate from the death of the mother, as this constitutes double counting — the foetus is regarded as part of the mother for the purposes of the offence. Where the victim of dangerous driving was the offender's close partner, the consequential quality and depth of genuine remorse and shock is a significant mitigating factor. Pre-sentence time in residential rehabilitation should be credited at approximately 50% of the rate for pre-sentence custody, preferably by backdating the sentence.
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