In dangerous driving occasioning death cases under s 52A(1)(a) Crimes Act 1900 (NSW), the intoxicated state of a willing pillion passenger increases rather than mitigates the driver's moral culpability. The presence of circumstances capable of constituting special circumstances under s 44(2) does not compel a finding of special circumstances, particularly where the sentencing judge has already found strongly positive rehabilitation prospects. Grief experienced by an offender for the death of a friend caused by the offender's own criminal conduct does not constitute extra-curial punishment in the relevant sense.
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