A suspended sentence of 2.5 years for aggravated burglary (burglary in company of a dwelling involving goods worth $5,000) was excessive for an offender with no prior dishonesty convictions who cooperated fully with police, pleaded guilty on the fast track system, and demonstrated remorse, where co-offenders with worse records received the same term of imprisonment. The appropriate suspended sentence in those circumstances was 18 months. The majority declined to substitute a community-based order, holding that the decision to impose a suspended prison sentence was within the sentencing discretion.
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