An offence of aggravated dangerous driving occasioning death cannot be characterised as falling within the 'worst category' unless it is so grave as to warrant the maximum prescribed penalty of 20 years' imprisonment, applying R v Kilic. Erroneous characterisation as 'worst category' is a material sentencing error because it leads the sentencing judge to regard themselves as less constrained by the customary sentencing range. On resentencing, a court may restructure cumulation and concurrency of individual sentences to maintain an appropriate total effective sentence even where the head sentence is reduced.
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