In vehicular manslaughter cases based on unlawful and dangerous act, the fact that the driving was preceded by illegal activity (such as a drug deal) is a neutral factor that neither aggravates nor mitigates the objective seriousness of the offence; what matters is the actual driving conduct. The distinction between manslaughter by unlawful and dangerous act and by gross criminal negligence does not of itself impact on the appropriate sentence. The fact that indicative sentences are excessive or inadequate does not necessarily mean the aggregate sentence is excessive or inadequate.
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