In Western Australia, when sentencing for multiple counts of dangerous driving causing death arising from a single act of driving, total cumulation of sentences is not precluded by the Pearce principle. The court may fix appropriate sentences for each offence having regard to all elements (including the manner of driving) and then adjust through cumulation/concurrency orders to achieve a total sentence proportionate to overall criminality. The conflict between the Eves approach (which favours partial concurrency) and the Kay/Taylor approach (which permits total cumulation) remains unresolved by a larger bench.
The full text is available to signed-in members, including the 27 later cases that cite this judgment.
6 of the 27 citing cases carry a classified treatment. How each court treated it is available to signed-in members.