A sentence of 2 years' imprisonment with 9 months' cumulation for a single charge of making a threat to kill, characterised as mid-level, is within range where the offender has relevant prior convictions and was serving a community correction order. Comparable cases involving threats to kill made during more serious violent offending with lengthy base sentences cannot be used to demonstrate manifest excess where the base sentence in the instant case is relatively modest. An explanation for offending (such as being told of alleged sexual abuse of a partner) does not amount to a mitigating circumstance where the offender acted on his own initiative.
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