For dangerous operation of a motor vehicle causing death and grievous bodily harm under s 328A of the Criminal Code (Qld), where neither alcohol nor drugs played a role in the driving, the defendant did not leave the scene, and the relevant period of dangerous driving was relatively brief, a head sentence of five years' imprisonment is manifestly excessive. The case provides a comprehensive survey of comparable sentences for fatigue-related dangerous driving offences, with the Court indicating that four years' imprisonment was the appropriate head sentence in such circumstances. Driving whilst disqualified is a material aggravating factor demonstrating disregard for the law, even where it does not demonstrate lack of driving competence.
The full text is available to signed-in members, including the 3 later cases that cite this judgment.
1 of the 3 citing cases carry a classified treatment. How each court treated it is available to signed-in members.