Where an offender has overcome childhood social deprivation (particularly Indigenous offenders) to lead a pro-social life, this is a mitigating factor ordinarily deserving of considerable weight, especially where the offending is out of character and committed under unusual stress. However, where the seriousness of the offence demands immediate imprisonment, the term should be no longer than necessary having given full weight to these mitigating circumstances. Deliberate causation of harm significantly aggravates a failure to stop and render assistance offence under s 54 of the Road Traffic Act 1974 (WA). A sentence of 4 months' imprisonment for a s 54(3)(c) offence where the offender deliberately caused the harm was manifestly inadequate given the 10-year maximum penalty.
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