A sentencing judge's finding of an aggravating factor — here, that the offender's licence status was the predominant motivation for failing to stop — must be established beyond reasonable doubt, and where unchallenged expert evidence of a mental health condition provides an alternative explanation for the offender's conduct, the court must be able to exclude that alternative as a reasonable possibility before relying on the aggravating factor. The case also illustrates that where PTSD reduces moral culpability for failing to stop after an accident, a community correction order combined with imprisonment equivalent to time served may be appropriate even where the accident caused death.
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