Objective seriousness and moral culpability are distinct concepts in sentencing: objective seriousness is assessed solely by reference to the nature of the offending, while moral culpability is broader and may include subjective matters personal to the offender. A mathematical comparison of indicative sentences with maximum penalties does not establish manifest excess. An aggregate sentence of 3 years (18 months NPP) for dangerous driving occasioning grievous bodily harm by a truck driver travelling 12 km/h over the speed limit with defective brakes and significant inattention was within the permissible range.
The full text is available to signed-in members.