A sentence of two years imprisonment for escape from lawful custody involving planning over twelve months, use of fashioned tools, and scaling of security barriers remains within the range of sound sentencing discretion. Section 43 of the Crimes (Sentencing Procedure) Act 1999 (NSW) cannot be used as a vehicle for rehearing on the merits of a sentence. An appellant cannot use a sentence appeal for escape from custody to revisit an earlier dismissed appeal against the underlying conviction.
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