When reviewing a sentence served by periodic detention for manifest excessiveness, the appellate court should focus on the term of imprisonment specified, not the mode of service. A sentence of 2½ years for dangerous driving causing death by momentary inattention (with no aggravating factors such as speed, intoxication, or abandonment of responsibility) is manifestly excessive where the Jurisic/Whyte guideline of 3 years is directed at cases of high moral culpability. Sentencing judges are not obliged to consider special circumstances under s 44(2) or guilty plea discounts absent submissions from counsel.
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