Where a sentencing judge fails to take into account all relevant aggravating factors in a dangerous driving case, resulting in an understatement of objective seriousness, the sentence may be manifestly inadequate. However, the residual discretion may be exercised not to resentence where the Crown at first instance conceded a lower level of moral culpability than contended on appeal, and where the offender suffers severe psychiatric consequences (PTSD and major depression) arising from the offending such that there is a real risk resentencing would substantially and adversely affect the offender's fragile mental state.
The full text is available to signed-in members, including the 17 later cases that cite this judgment.
16 of the 17 citing cases carry a classified treatment. How each court treated it is available to signed-in members.