The decision in Muldrock v The Queen does not mean that a sentencing judge should not assess the seriousness of the offence in the way judges have always done; it means the court is not required to commence by asking whether there are reasons for not imposing the standard non-parole period nor to assess whether the offence is within the mid-range of objective seriousness. The standard non-parole period and maximum penalty are legislative guideposts, not starting points. Sentences imposed under the R v Way methodology prior to Muldrock may be reduced on appeal.
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