Where Muldrock error has occurred in the sentencing of a juvenile offender for murder, the distorting effect of the standard non-parole period on the weight given to youth may constitute substantial injustice sufficient to displace the principle of finality, even where the delay in seeking leave to appeal is almost 7 years. The 2008 legislative exclusion of juveniles from the standard non-parole period regime is relevant to assessing whether the applicant has gained a 'windfall benefit' from delay.
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