A sentence of two years' imprisonment for theft of petrol worth $119.63 and two years for handling stolen number plates are manifestly excessive even where the offender has an extensive prior criminal history spanning decades. While prior convictions are relevant to deterrence and community protection, they cannot justify sentences disproportionate to the objective gravity of the instant offending. A sentence of three years for a mid-range aggravated offence of recklessly exposing emergency workers to risk by driving under s 317AF of the Crimes Act 1958 is within range. This is the first appellate consideration of that offence.
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