The 'incremental increase' approach to sentencing for dangerous driving causing death, as stated in Stephens v The Queen, no longer represents the law in Victoria following DPP v Dalgliesh. Sentencing judges must impose a just sentence without the restraint of gradual increases above inadequate current sentencing practices. It is preferable to avoid classifying offending into categories such as 'mid-range' and instead use comparable cases as 'yardsticks'. The residual discretion to dismiss a Crown appeal will not be exercised merely because the sentencing judge applied a legal approach that was subsequently overtaken by a higher court decision.
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