Where an offender is charged with recklessly exposing an emergency worker to risk by driving (s 317AE) and recklessly causing injury (s 18), conviction on both charges does not constitute double punishment provided there is additional actus reus involved in causing the injury beyond the endangerment conduct. The s 317AE offence does not comprehend injury that ensues from the endangerment. Where cogent expert evidence of impaired mental functioning is tendered on a plea, a sentencing judge must consider the Verdins principles regardless of whether counsel properly raises them, and a concession by counsel against the weight of the evidence should not be accepted.
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