The reckless form of culpable driving under s 318(2)(a) of the Crimes Act 1958 (Vic) is not, as a matter of law, a more serious form of the offence than the negligent or other forms. The objective seriousness of each case must be assessed on its own facts, including the offender's state of mind. The mental element for reckless culpable driving (conscious disregard of a substantial risk that death or grievous bodily harm may result) is distinct from and lower than that for reckless murder (knowledge of probability of death or really serious bodily injury). An offender's extensive prior record of driving offences, while not the subject of further punishment, is highly relevant to moral culpability, prospects of rehabilitation, specific deterrence, and community protection.
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