Section 168(3) of the Criminal Procedure Act 1986 (NSW) does not prohibit the incorporation of Local Court offences placed before the District Court or Supreme Court via a s 166 certificate within an aggregate sentence under s 53A of the Crimes (Sentencing Procedure) Act 1999 (NSW). The R v Whyte guideline judgment sets a floor below which sentences should not usually fall, not a mean or median. An aggregate sentence of 6 years for dangerous driving causing two deaths and permanent grievous bodily harm to a child, where the offender was drug-affected and had an extensive traffic record, was manifestly inadequate.
The full text is available to signed-in members, including the 11 later cases that cite this judgment.
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