A sentence of 6 years 4 months' imprisonment (pre-discount starting point of approximately 7 years 11 months) for aggravated dangerous driving occasioning death under s 52A(2) of the Crimes Act 1900 (NSW) was upheld where the offence was above mid-range objective seriousness, involving speeds up to 141 km/h in a 60 km/h zone with alcohol and cannabis present. JIRS statistics based on a sample of only ten cases, filtered by age, offered little or no support for a manifest excess argument. The combined presence of genuine remorse and positive prospects of rehabilitation is not unusual for such offending and does not, without more, sustain a manifest excess ground.
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