A sentencing judge's misstatement of the maximum penalty and application of the pre-Muldrock approach to standard non-parole periods are acknowledged errors but do not require resentencing where the Court of Criminal Appeal is satisfied that no lesser sentence is warranted in law under s 6(3) of the Criminal Appeal Act. The standard non-parole period of 5 years for aggravated indecent assault under s 61M(1) and the maximum penalty of 7 years remain relevant guideposts even where the sentencing judge misstated the maximum.
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