Where a sentencing judge makes favourable findings about the circumstances of offending (opportunistic, unsophisticated, no substantial value, almost non-existent planning) but reaches a conclusion as to objective seriousness inconsistent with those findings, the sentence may be manifestly excessive. For s 112(2) offences where the serious indictable offence is larceny (at the bottom of the range), this is a relevant circumstance reducing objective gravity.
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