Motor vehicle manslaughter sentencing ranges apply to offences under s 59(1)(a) of the Road Traffic Act 1974 (WA). Where a driver consumed alcohol many hours before driving and may not have appreciated continued intoxication, culpability is reduced compared to a driver who knowingly drives while intoxicated. A sentencing judge cannot find that an offender should have been aware of continued intoxication without evidence or admission to support that finding. Feeling 'seedy' and failing to consider the risk of impaired driving is an aggravating circumstance but does not equate to awareness of intoxication.
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