The sentencing pattern disclosed by statistics can never be decisive in assessing manifest excess; sentencing statistics and comparable cases remain a subordinate consideration providing only a yardstick. A comparatively long sentence is not, of itself, manifestly excessive. The minority view of Bell and Gageler JJ in Pham about the utility of sentencing statistics may have particular force in NSW given s 8 Judicial Officers Act 1986 (NSW), though this was not endorsed by the full bench.
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