The deliberate use of a motor vehicle as a weapon, even opportunistically in a volatile situation, is an aggravating feature that invariably elevates manslaughter by unlawful and dangerous act to the more serious category. Irrelevant or prejudicial material in victim impact statements, including recommendations as to penalty, does not vitiate a sentence unless it is shown the sentencing judge had regard to it. The principles in Munda v Western Australia require that the same sentencing principles apply irrespective of an offender's Aboriginality, while circumstances of severe social disadvantage remain relevant considerations.
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