A sentencing judge who categorises an offence as 'midrange' in objective seriousness because of the standard non-parole period, and then determines mitigating factors to assess whether there is reason to depart from the standard non-parole period, commits Muldrock error by giving primary significance to the standard non-parole period and adopting the impermissible two-stage approach. The standard non-parole period and maximum penalty are legislative guideposts to be taken into account, but not as a starting point or benchmark of primary significance.
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