Under s 188(2)(d)(ii) of the Road Transport (General) Act 2005, a court may only order a shorter or longer period of disqualification than the automatic 3-year period; it cannot fix a period of exactly 3 years from a different commencement date. Where a sentencing judge wishes the disqualification to extend beyond the period of incarceration, the correct approach is to order a longer period under s 188(2)(d)(ii). Disregard for public safety under s 21A(2)(i) of the Crimes (Sentencing Procedure) Act 1999 cannot be taken into account as an aggravating factor in aggravated dangerous driving causing death where the only basis is the offender's alcohol consumption, which is itself the element of aggravation in the offence.
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