In cases of dangerous driving causing death, there is no standard range of penalty; the multifarious range of behaviour, circumstances and personal factors means that comparison with previous sentences is not the fundamental calculus for determining manifest inadequacy. Where an offender has genuinely rehabilitated during delay between offence and sentence, and the victim was a close family member whose death constitutes significant extra-curial punishment, substantial leniency in the period of actual imprisonment may be justified. A sentence will not be erroneous if leniency is based on a rational view that it serves the public interest and a more severe penalty would not.
The full text is available to signed-in members, including the 7 later cases that cite this judgment.
4 of the 7 citing cases carry a classified treatment. How each court treated it is available to signed-in members.