Manslaughter is confirmed as a more serious offence than aggravated dangerous driving causing death under s 52A(2) of the Crimes Act 1900 (NSW) for the purpose of the De Simoni principle. A sentencing judge assessing moral culpability and abandonment of responsibility for a s 52A offence may make strong findings about consciousness of risk and danger, including that driving was 'potentially lethal', without necessarily breaching the De Simoni principle, provided the substance of the findings does not cross the line into findings warranting conviction for manslaughter. Inexperience and immaturity in offenders aged 17 years and over cannot operate as mitigating factors where the offender commits grave driving offences with fatal consequences; general deterrence remains a dominant consideration for young drivers.
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