The Guilfoyle two-category classification of dangerous driving offences (momentary inattention versus selfish disregard) is of little or no assistance in Western Australia and should not be used to determine the type of sentence. A sentencing court must not treat the categorisation as dictating that immediate imprisonment is the only option. The maximum penalties for dangerous driving causing death (10 years) and grievous bodily harm (7 years) are distinct, and the starting point for sentence calculation is not confined by the summary jurisdictional limit.
The full text is available to signed-in members, including the 17 later cases that cite this judgment.