Following Muldrock, the standard non-parole period cannot have determinative significance but the sentencing judge must bear it in mind as a marker. The sentencing judge is not required to classify the offence by reference to low, middle or high ranges of objective seriousness, nor to adopt a two-stage approach commencing with such classification. However, a conventional assessment of objective offending according to a scale of seriousness is not to be eschewed. Characteristics of offending that are inherently part of such offending, even if not elements of the offence, should not be treated as statutory aggravating factors under s 21A(2) as this risks double counting.
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