A Community Correction Order without any period of imprisonment is not reasonably open for dangerous driving causing death of high objective gravity, even where the offender's moral culpability is low due to cognitive disability (Autism Spectrum Disorder). However, prosecutorial delay that deprives an offender of eligibility for a Youth Justice Centre order may justify dismissal of a Crown appeal in the exercise of the residual discretion, notwithstanding a finding of manifest inadequacy. A finding of reduced moral culpability is a finding of fact that cannot be interfered with on appeal unless not reasonably open on the evidence.
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