The Court of Appeal held that a sentence of two years imprisonment with parole after six months for dangerous driving causing death (falling asleep due to fatigue after ten consecutive 12-hour shifts) was not manifestly excessive. The Court confirmed that driving while fatigued to the point of falling asleep is not 'momentary inattention' but more blameworthy conduct, and that the sentencing judge was not obliged to warn counsel before rejecting that characterisation where it was a matter of evaluating admitted facts. The Court reaffirmed that for dangerous driving causing death, a sentence of at least 18 months actual imprisonment should be expected save in exceptional cases, and a wholly suspended sentence will generally be inadequate given the ultimate gravity of causing death.
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