On a Crown appeal against sentence, the test for manifest inadequacy is whether the sentence was wholly outside the permissible range of sentences open in the sound exercise of the sentencing discretion; there is no warrant to further overlay that test with descriptors such as 'egregious' (per the majority; Priest JA dissenting on this point). In sentencing for OHS offences involving heavy vehicle maintenance, the failure to adopt readily available and inexpensive testing methods in the face of obvious signs of wear, combined with multiple opportunities to detect the problem and extremely grave risks, constitutes a serious example of the offence warranting significant weight being given to general deterrence.
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