you *can* get can five years in jail. On the other hand a judge might give you a slap on the wrist and a few hours community service.
you *can* get a fine. On the other hand a judge might give you 5 years in jail.
See? The maximum sentences set out are just that; maximum sentences. That's why we have judges in place who take all the factors into account before making a decision on the appropriate punishment for each case.
On the plus side, it does give amateur, on-line contrarians (and Daily Mail readers) the opportunity to make specious arguments.