A sentence of 2 years 10 months' imprisonment (out of a maximum of 7 years) for a threat unlawfully to kill under s 338B of the Criminal Code (WA) is not manifestly excessive where the threat was made while the offender pointed a loaded, modified sawn-off rifle at the victim with the safety mechanism disengaged and trigger cocked, the offending was premeditated, the offender was drug-affected, and the offender had an extensive prior criminal record including firearms offences. The concurrent ordering of sentences for associated firearms offences may soften a high head sentence.
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