A sentence of 2 years' immediate imprisonment (out of a maximum of 7 years) for threatening unlawfully to kill under s 338B(a) of the Criminal Code (WA) was upheld where the threat was made while armed with a hunting knife at close range to multiple victims, the offender had a significant criminal history and drug addiction, and there was little mitigation beyond a guilty plea. The limits of guidance from comparable sentencing cases were restated: a sentencing range is merely one factor, and a sentence within or outside the range does not necessarily establish that the sentencing discretion was properly exercised or miscarried.
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