A sentence of two months' imprisonment served cumulatively for possession of a home-made laser pointer (prohibited weapon) is manifestly excessive where the weapon was not used, was unconnected to other offending, and there was no evidence of its dangerousness. Conviction and discharge was the appropriate disposition for such low-end offending. Sentencing judges must have an evidentiary basis for findings about the dangerousness of a weapon, and findings in sentencing remarks must be consistent with concessions accepted during the plea hearing.
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