For a conviction under s 52A(1) of the Crimes Act 1900 (NSW) where a baby dies after being born prematurely as a result of a motor vehicle impact, the Crown need not prove that the foetus sustained a physical injury in utero. It is sufficient to prove that the impact caused the premature birth and that the prematurity was a substantial or significant cause of the baby's death. An intensive correction order may be appropriate for dangerous driving occasioning death where the offender's moral culpability is assessed as low.
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