Merely showing that a sentencing judge sentenced pre-Muldrock following the dictates of R v Way will not be sufficient to demonstrate error on appeal. What must be ascertained is whether reliance on Way sufficiently infected the sentence. Intervention is far less likely where the sentence followed a guilty plea and the judge referred to the standard non-parole period as simply a guideline or yardstick, rather than engaging in the two-stage process or treating it as mandatory.
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