In sentencing for dangerous operation of a vehicle causing death under s 328A(4)(a) of the Criminal Code (Qld), culpability should be evaluated by reference to the offender's acts or omissions in context, not by adjectives or descriptive labels such as 'momentary inattention'. A deplorable traffic history, while not aggravating the seriousness of the offence itself, is relevant to moral culpability and demonstrates the importance of personal deterrence. A sentence of three years six months' imprisonment with parole eligibility after 12 months was upheld for an offender who failed to keep a proper lookout for approximately 7.6 seconds while driving a truck towing equipment, where the offender was aware of his fatigue and concentration difficulties and had a deplorable traffic history.
The full text is available to signed-in members, including the 9 later cases that cite this judgment.
7 of the 9 citing cases carry a classified treatment. How each court treated it is available to signed-in members.