In dangerous driving causing death cases involving momentary inattention, the period of inattention must be assessed by reference to the actual time during which the driver could have observed the victim, not the entire period the victim was present at the scene. Where the offending is properly characterised as momentary inattention with low moral culpability and powerful mitigating circumstances, a non-custodial disposition may be appropriate notwithstanding the serious nature of the offence and the importance of general deterrence.
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