A conscious decision by an experienced heavy vehicle driver to take eyes off the road and remove both hands from the steering wheel to retrieve a drink, resulting in a fatal collision, is not 'momentary inattention' and is not a 'typical case' under the R v Whyte guideline. An aggregate sentence of 4 years 6 months with a 3-year non-parole period for dangerous driving occasioning death and grievous bodily harm in such circumstances is not manifestly excessive.
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