In sentencing for aggravated dangerous driving causing death under s 52A(2) of the Crimes Act 1900 (NSW), the offender's driving conduct prior to the fatal accident — including the history of earlier conduct, the length of the journey during which others were exposed to risk, and the circumstances in which the offender placed himself or herself — is admissible and relevant to the assessment of moral culpability, and cannot reasonably be ignored. A sentence of 4 years 6 months for an offence involving extended erratic and aggressive drug-affected driving, a mature offender with an extensive traffic record, no plea of guilty, and the death of a child in the offender's care, was manifestly inadequate.
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