What is the test for tortfeasor's claim of cruel and unusual punishment in a motor vehicle accident case?

In the course of discussing the defendant's claim of cruel and unusual punishment (People v. Young, supra, 11 Cal.App.4th at pp. 1308-1311), the appellate court stated: "[T]he . . . death of a bystander during appellant's reckless high-speed flight in the stolen vehicle involves an application of the felony-murder rule which is by no means bizarre or unforeseeable. . . . Although appellant attempts to characterize the death as resulting from 'accident,' the pattern of appellant's driving supports the conclusion that appellant harbored a conscious disregard for human life which constituted implied malice, sufficient to render the homicide a murder even without its connection to the prior robbery. [Citations.]" (Id. at p. 1309, italics added.)