A sentencing judge's finding of momentary inattention or misjudgment does not automatically equate to low moral culpability, but where the judge is alive to the generic nature of such a finding and considers the circumstances of the particular driving, the assessment of low moral culpability will not be disturbed on appeal absent House v The King error. Statements made by an offender at the scene of a fatal collision while in a disturbed state of mind may be treated with circumspection, particularly where the statements lack internal rationality and differ between witnesses.
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