A sentence of 2 years' imprisonment for being armed with a small hammer in circumstances likely to cause fear, where the weapon was brandished at a distance to deter pursuit rather than threaten immediate harm, was manifestly excessive. An appellate court may maintain the total effective sentence when varying one sentence in a multi-count case by restructuring cumulation and concurrency orders under s 41(2) of the Criminal Appeals Act 2004 (WA).
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