Where a sentencing judge has erred in applying the standard non-parole period as a starting point contrary to Muldrock, the CCA will resentence but may dismiss the appeal under s 6(3) if no lesser sentence is warranted in law. The quantity of drug in a manufacture offence remains a highly relevant factor in assessing objective seriousness, even where the offender's role is at a relatively low level. Form 1 offences, particularly serious ones such as supply of cocaine in significant quantity, warrant an increase in the sentence for the principal offence.
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