Where a sentencing judge finds the standard non-parole period applies and makes no finding of special circumstances, the balance of term cannot exceed one-third of the non-parole period. The middle of the range of objective seriousness for murder encompasses a variable set of circumstances allowing broad discretion, excluding cases warranting life imprisonment and those with aggravating circumstances attracting a higher standard non-parole period. Conditions of imprisonment, including protection or non-association status, may be taken into account in determining sentence length even where unrelated to the offence.
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