When using sentencing statistics to argue manifest excess, it is necessary to compare like with like: a sentence imposed after trial must be adjusted for the utilitarian discount that would have applied had there been a guilty plea before any meaningful comparison can be made with the bulk of sentences in the statistics. The applicant's sentence of 8 years 6 months after trial corresponded to approximately 6 years after a 25% guilty plea discount, placing it squarely within the mainstream of sentences for aggravated dangerous driving occasioning death.
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