A sentence of 4 years and 3 months (51 months) for the aggravated offence of intentionally exposing emergency workers to risk by driving under s 317AD(1)(a) of the Crimes Act 1958 (Vic) (maximum 20 years) was characterised as 'very moderate' where the offending involved repeated deliberate driving at three police officers in a motel car park, drug-fuelled conduct, and prior similar offending weeks earlier. Attempts to categorise offence seriousness as 'upper', 'middle' or 'lower' remain disfavoured as obscuring the sentencing task. Immaterial factual errors in the prosecution opening relied upon by the sentencing judge will not ground a successful appeal where there is no reasonable prospect of a lesser sentence.
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