A sentencing judge is not bound by the parties' agreed characterisation of the quality of dangerous driving and may independently assess the facts to determine whether the driving constitutes momentary inattention or a more serious prolonged failure to keep a proper lookout. Where dangerous driving causing death involves prolonged inattention likely caused by fatigue, a head sentence in the range of three to four years imprisonment is within the range of a sound sentencing discretion under the post-2007 maximum penalty of 10 years. The 2007 increase in maximum penalty from seven to ten years is a clear indication of legislative intent that dangerous driving causing death is to attract greater penalties than previously.
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