For dangerous driving occasioning grievous bodily harm under s 52A(3)(a) of the Crimes Act 1900 (NSW), where the offender is a typical offender under the Whyte guideline with high moral culpability but a strong subjective case, indicative sentences well above the two-year lower limit specified in the second Whyte guideline may be manifestly excessive. A sentencing judge's failure to expressly address aggravating factors from Whyte that are absent from the case does not constitute a failure to apply the guideline judgment where the balance of the reasons demonstrates the guideline was the focus of attention.
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