A sentencing court dealing with a standard non-parole period offence must follow the staged approach from MLP v R: first assess objective seriousness with specificity (not merely whether it is above or below mid-range), then consider s 21A factors, then Form 1 matters, then apply any plea discount. Failure to do so constitutes a miscarriage of discretion. Generally it is inappropriate to place on a Form 1 an offence that carries a standard non-parole period. For s 66A offences constituted by fellatio, the offence will typically fall significantly below mid-range where it is an isolated incident, the offender is not in a position of authority, and there is no pattern of abuse.
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