A head sentence of five years' imprisonment (non-parole period of three years and six months) for armed robbery of a service station attendant using a blood-filled syringe by a Hepatitis C carrier is not manifestly excessive, even where it is the highest sentence for this genus of offence to come before the Court of Appeal. The fact that a sentence is the highest on appeal does not establish manifest excess where it represents only 20 per cent of the maximum penalty and similar sentences may have been imposed at first instance without appeal.
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