The statutory duty to render assistance under s 61 of the Road Safety Act 1986 (Vic) is absolute and subsists regardless of whether others are present and capable of rendering assistance, and regardless of whether the failure to assist had any deleterious effect on the victim. Neither circumstance reduces the offender's moral culpability. Sentences of 3–4 years' imprisonment are within range for failing to render assistance after a fatal accident, particularly where the offender was on a community correction order at the time.
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