A non-custodial sentence for armed robbery with an offensive weapon (s 97(1) Crimes Act 1900) may be upheld as within the sentencing discretion where the combination of factors — offender not initiating the offence, being pressured by co-offender, genuine remorse, assistance to authorities, no prior convictions, and excellent rehabilitation prospects — constitutes 'most exceptional' circumstances justifying departure from the Henry guideline range of 4-5 years custody. Even where the appellate court would itself have imposed a custodial sentence, Crown appeal principles including double jeopardy constrain intervention.
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