A sentence of 3 months immediate imprisonment for criminal damage involving $120 damage to a car window was at the top of the sentencing range and manifestly excessive where the offence was not a 'top of the range' case. Where an offender has already served a first sentence of immediate imprisonment for related offences, a further cumulative sentence may properly be suspended to allow the offender to demonstrate rehabilitation. Detailed sentencing statistics should be made available to appellate courts and sentencing magistrates to promote consistency.
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