A traffic history containing six speeding offences over a 25-year period, in the context of a professional truck driver working full-time for 30 years, does not support findings that the driver had a habit of driving beyond safe operational limits or a cavalier attitude to safe speed. Such erroneous findings constitute a misapplication of the sentencing process warranting appellate re-exercise of the sentencing discretion. For dangerous operation causing death by a mature offender with no criminal history and genuine remorse, a three-year sentence suspended forthwith may be appropriate.
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