29. I have also had regard to what the Court of Appeal said in R v Creighton [2011] ACTCA 13. This was a decision delivered at a time when the maximum penalty was seven years' imprisonment. Although dependent upon the lower penalty, I have considered the decisions to which I referred in R v Creighton (Unreported, Australian Capital Territory Supreme Court, Refshauge J, 28 October 2010) and those referred to by Penfold J in R v Moffatt (Unreported, Australian Capital Territory Supreme Court, Penfold J, 12 June 2008). I was also provided with a number of other cases that were said to be helpful. Mr J Lawton, who appeared for Mr Kekalainen, referred to two decisions. The first, R v Nachouki (Unreported, Australian Capital Territory Supreme Court, Burns J, 17 September 2013), involving a charge of culpable driving causing grievous bodily harm, a different offence and so of limited value. There Ms Nachouki was heavily intoxicated when she was driving. The report does not identify the injuries caused to the victim. The sentence imposed was of three years' imprisonment, the first six months to be served by full-time custody but which was served, in fact, in residential drug and alcohol rehabilitation followed by a period of three months' periodic detention with the balance of the term of imprisonment suspended and a three-year good behaviour order was made. In R v Paton (Unreported, Australian Capital Territory Supreme Court, Penfold J, 2 December 2013), the son of the offender was killed in a serious collision. Mr Paton pleaded not guilty and was convicted by a jury. The collision occurred on 5 July 2009, so Mr Paton was subject to the lower earlier penalty regime. Another passenger in the car was injured, suffering grievous bodily harm. Mr Paton had a blood alcohol concentration of 0.281 percent. For the offence of culpable driving causing death, Mr Paton was sentenced to four years and four months' imprisonment.