The concept of the 'appropriate range' of sentence has been adjusted by the introduction of standard non-parole periods, so that on a successful Crown appeal the focus is on the standard non-parole period as reflecting the middle range of objective seriousness for conviction after trial, with the double jeopardy principle then applied. In sentencing after a guilty plea, the court may have regard to the standard non-parole period but the discretion in fixing a non-parole period is unfettered. A real prospect of rehabilitation does not establish that the offender is 'unlikely to re-offend' under s 21A(3)(g). Application of an incorrect maximum penalty is a material error of law warranting appellate intervention where it constrains the sentencing discretion.
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